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: JAN 28 1919 
p) NEBRASKA HISTORY AND POLITICAL SCIENCE SERIES 


ADDISON E. SHELDON, Editor 


THE 
EXERCISE OF THE VETO 
POWER IN NEBRASKA 


By 


KNUTE EMIL CARLSON 


(Assistant in Political Science, University of Nebraska, 1915-1917) 


(4 ’ A THESIS 
Presented to the Faculty of the Graduate College in the University of 
Dy Nebraska in Partial Fulfilment of Requirements for the 
Degree of Master of Arts, Department of Political 
Science and Sociology ; 


‘i : : A Joint Publication 
mi A of 
a THE NEBRASKA STATE HISTORICAL SOCIETY 
and 


NEBRASKA LEGISLATIVE REFERENCE BUREAU 


Bulletin No. 12 
(Nebraska History and Political Science Series) 


Lincoln, Nebraska 
November 1, 1917 


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The Exercise of the, Veto Power in Nebraska 3 

TABLE OF CONTENTS 

I. Historical development of the veto power: 

ib Phe: statussoL Lie. veto power in 1800... 7 
2. The extension of the veto power until 1860............000000000000.... 8 
fpr ue ueveiopiment, from 186)2to* 1916...) eee se ae 9 
Pee ner tbem “Veto mda we 710. EO Lie oer acct Oe. acca ie neta 10 
5. The development of the veto power in Nebraska.............. 11 

II. An analysis of the veto power in Nebraska: 
eee Vee tOee Oke Jetectiy G Suites. ui 12 
AM sIOLOCIA VEL Is OTAtlinie <6 os i cra re ea 12 
Tee COPHEA TY Obl la metas cet 8 ee Oe ate ee 14 


e. More satisfactory laws have already been adopted.... 15 

Zz. = Vetoes-on. constitutional grounds... .1.4c.8 2 Secs 17 
a. Veto of bills violating the constitution of Nebraska.. 17 
b. Veto of bills conflicting with the Federal Consti- 


teen ands tederal la Ws oo. ee he ca aba ecpenteng uae 19 
wea vetoes .On: grounds. of general —p@licy.:) oy SoA. ede 20 
mee Aline. OL .Canital) locations. 0s eek ~ 29 
b. Veto of bills affecting local government.........................- 21 
1 Bills affecting county government.................-........ 24 
2 Bills affecting municipal government........ plate Beall 25 
c. Veto of bills affecting the administration of justice... 31 
1 Affecting changes in the organization of the 
SOUT Ee oe eee a eek ete a gee eee By 


2 Affecting changes in the enforcement of justice 34 
d. Vetoes to protect the economic interest of the state. 40 
1 Guarding against the control of predatory in- 


[Woh Netat 2 piscina aig fete ew rca eRe a aelae  a Re ie Rel Al 

2 Protection against unnecessary expense.............. 49 

3 Vetoes of special items in appropriation bills... 51 

ASUS SOSTCOLCIAILZ OCS Rees sree cen cess ae en te 53 

e. Veto of bills affecting the social relations.................... 55 
bemtairecuinre social. lifes = crs. eoi eee 56 

2. “Affecting educational life ...-2:5ccc i eccete leet eetde leennsenet 60 
Peres a Py a COR CLUSION Ssc-5,. soe 5 Meese keg 0 Ss xs aha tate eae aeckegiaseban 62 
ag Co Fae We TaN eS aa ae cae Ae SRT sel tees og ee ESS RR ee a 64 
SW etny Gee gh eee kes y SNR ee aie ee ee ea reeset pees” SM eae tial th oe eg 66 
[op ge NE aay as gam ONC gle cel | hay OES cee OR ieee Etre ee leet sO ey Son eee Bey oes Mia a NRT Oe 102 


The Exercise of the Veto Power in Nebraska 3 


EDITOR’S PREFACE 


This series of publications is designed to present, in con- 
venient pamphlet form, studies in Nebraska history and polities 
which may be of service in solving present day problems. The 
series began in 1912 and includes the following: 


No. 1. Origin and Purpose of Nebraska Legislative Reference Bureau. 
July 20, 1912. 6 pp. 


No. 2. Preliminary Report Nebraska Employers’ Liability and Work- 
men’s Compensation Commission. Addison E. Sheldon, Secre- 
tary... Dec: 20, 1912. °48. pp. 


No. 38. Legislative Procedure in the Forty-eight States. Addison E. 
Sheldon and Myrtle Keegan. Jan. 1, 1914. 28 pp. (Out -of print.) 


No. 4. Reform in Legislative Procedure and Budget in Nebraska, (Re- 
port of joint legislative committee to Nebraska legislature of 
1915.) May 15, 1914. 47 pp. (Out of. print.) 


No. 5. Nebraska Municipalities. Addison E. Sheldon and William E. 
Hannan. June 1, 1914. 74 pp. 


No. 6. Bank Deposit Guaranty in Nebraska. Z. Clark Dickinson. Nov. 1, 
1914. 38 pp., 26 portraits. 


No. 7%. The Direct Primary in Nebraska. Niels Henriksen Debel. 
Nov, 1, 1914. 112 pp., 25 portraits, 3 diagrams. 


No. 8. Local and Nebraska History in Nebraska Public Schools. C. N. 
Anderson. Oct. 1, 1915. 15 pp., 2 portraits. 


No. 9. State Supported Library Activities in the United States. Edna 
D. Bullock. Oct, 30, 1915. 58 pp., 4 illustrations. 


No. 10. The Torrens Land Transfer Act of Nebraska. Thorne A. 
Browne. June 10, 1916. 60 pp., 6 illustrations. 


No. 11. 3 Legislative Procedure. Myrtle Keegan Mason. (Revision of 
Bulletin No. 3. To be published as a U. S. document during 
winter of 1917-18.) - 


No. 12. The Exercise of the Veto Power in Nebraska. Knute E. Carlson. 
Nov. 1, 1917. 105 pp. 


Until the present time, the publications have appeared as 
bulletins of the Nebraska Legislative Reference Bureau. On 
January 10, 1917, the director of that bureau was elected 
superintendent and secretary of the Nebraska State Historical 
Society, with the purpose of bringing state research and publica- 
tion in the field of Nebraska history and public affairs into 
harmonious unity under one head. 


a6 The Exercise of the Veto Power in Nebraska 


This is, therefore, the first joint publication of the Historical 
Society and Reference Bureau. Co-operating with them are 
the State University departments of Political Science, American 
History and Economics. Other publieations will follow. Acen- 


rate knowledge of the history of our own state is a first need for 


sound publie action. The facts upon any given subject in Ne- 
braska history are seattered through thousands of written and 
printed documents. Months of persistent labor by trained per- 
“sons are required to condense and present them in truthful and 
attractive form. It is to this purpose that the series is dedicated. 


In the present bulletin, Mr. Carlson has condensed a two’ 


years’ study of a very important subject in our state into a few 
pages. He has rendered a valuable publie service by present- 
ing herein all the important facts regarding the veto power in 
Nebraska. | 
ADDISON E. SHELDON. 
November 1, 1917. 


The Exercise of the Veto Power in Nebraska a 


I. HISTORICAL DEVELOPMENT OF THE VETO POWER 


The principle of executive veto has been recognized from the 
beginning of our national history. Only two states, Massa- 
chusetts and New York, at that time had any constitutional 
basis for exercising the veto. By 1800 there were sixteen states 
in the union,’ but only seven of them had provisions for the 
veto power. Strictly speaking, the veto power was vested in 
the governor in only five? out of the seven states; the remain- 
ing two, New York and Vermont, granted the power to the 
governor and judges of the supreme court in case of New York,? 
and the governor and council in case of Vermont.4 A com- 
parison of these twenty years reveals impressively the extension 
of the executive veto power. 


During the following sixty years of national development 
eighteen new states were carved out of the national domain®> 
Through this expansion Maine and California united with 
Florida and Oregon in granting the governor this power over 
legislation. On the frontier, where democratic ideas had grown 
up with smiling harvests, it was to be expected thiat the people, 
upon organizing their state governments, would incorporate 
these democratic ideas into the fundamental law of their 
commonwealths. This actually took place. Every one of the 
eighteen new states granted the governor some form of the veto 
power. This in turn reacted upon the older eastern states so 
that two of them, Connecticut and New Jersey, gave the execu- 
tive the veto power.” In 1860, therefore, not less than twenty- 


*Conn., Del., Ga., Ky., Md., Mass., N. C., N. H., N. J., N. Y., Penn., 
Rois te Tenn ova. Vt. ) 

? Mass, 1780, Ga. 1789, Penn. 1790, Ky. 1792, N. H. 1792. 

3 Thorpe, F. N. Charters, Constitutions and Organic Laws, V, 2629. 

“Thorpe, F. N. Op. Cit. VI, 3767. 
* Ala, Ark., Calif., Fla., Ill., Ind., Iowa, Kans., La., Me., Mich., Minn., 
» Miss., Mo., Ohio, Ore., Tex., Wis. 
STllinois adopted the plan of New York. 
7Conn, in 1818 and N. J. in 1844, 


8 The Exercise of the Veto Power in Nebraska 


seven out of the thirty-four had granted the governor this power 
over legislation. By 1860 the executive was considered worthy 
of large influence in shaping the destiny of his state. Popular 
distrust of the legislature was the principal reason for enlarg- 
ing the position of the governor so that he should be able to 
guard the interests of the people. 

In 1860,8 then, the principle of the executive veto had gained 
general acceptance. Every one of the fourteen new states enter- 
ing the union since that time has granted the governor a part 
in legislation.® This had a wholesome influence on the older 
states, so that six more of them have fallen in line;!® only one 
state remains behind.!! 

At this time a new application of the veto power entered. 
Hitherto the governor had been forced to accept or reject in toto 
any bill that came to him. With the increasing laxity in guard- 
ing the economic interests of the state the people became even 
more dissatisfied with their law-makers, and they decided there- 
fore to enlarge the power of their executive. The governor was 
given the power to veto ‘‘any item or items’’ in bills appro- 
rilating money, and some states gave him the right to veto items 
in any bill12 At the present time thirty-six states allow the 
- governor to veto items. West Virginia seems to have been the 
leader in this new movement,!? for it provided, in the con- 
stitution of 1872, that the governor could veto any bill and 
also any item in bills appropriating money.t* Pennsylvania 


’ Nebr. was organized as a territory in 1854 and came in as a state 
in 1867, therefore I have used this date to represent the stage of develop- 
ment to which the veto power had come when Nebraska began to take 
a part. 

°W. Va. 1863, Nev. 1864, Nebr. 1867, Colo, 1876, N. D. 1889, S. D. 1889, 
Mont. 1889, Wash. 1889, Idaho 1890, Wyo. 1890, Utah 1896, Okla, 1907, N. M. 
1912, Ariz. 1912. 

7S. C. 1865, Md. 1867, Tenn. 1870, Va, 1870, Del. 1897, R. I. 1909. 

™% North Carolina. 

® South Carolina, Virginia and Washington. 

** Professor Dealey in his book: Growth of Am, State Const. p. 53 
makes Kans. the leader for item veto, but the provision for item veto in 
Kans. came through amendment in 1904. 

“For a full list of states that have provisions for item veto see 
Table A. 


The Exercise of the Veto Power in Nebraska G 


followed the next year. Thereupon a long line of states 
adopted the executive supervision of appropriation until Oregon 
came in 1916.15 

With this crop of political experience grew up also the pro- 
visions contained in the fundamental law of Nebraska. The 
Organic Act of 1854 granted the governor a part in the legis- 
lative work of the territory. All bills and resolutions to which 
the coneurrence of both houses of the legislature was required, 
were to be submitted to the executive for his approval before 
they became effective; but if both houses passed the bill over the 
governor’s veto by a two-thirds vote, the bill became a law the 
objections of the governor to the contrary notwithstanding.'® 
The governor was given three days, Sundays excepted, in which 
to act. If the governor failed to act, the bill became law in 
like manner as if he had signed it. 

The same provision was embodied in the constitution of 1867, 
when the State of Nebraska was organized.17 This constitution, 
however, proved so inadequate that a new one was adopted in 
1875. The new constitution allowed five days for the gover- 
nor’s action and decreased the number of votes required to pass 
a bill over the veto to three-fifths instead of two-thirds, and 
extended his veto power to items in appropriation bills. Both 
in the Organic Act and the constitution of 1867 the governor 
had been granted a pocket veto, but this was taken away in 
the new constitution.!§ 

During the little more than twelve years of territorial his- 
tory the legislature, meeting annually,!® passed a total of 1,429 
bills which became effective,2° and thirty-nine were vetoed by 


% Statesman’s Year Book (1916), 206. 

* The Organic Act, section 6. 

” Constitution of 1867, Article III, section 19, 

*8 Constitution of 1875, Article V, section 15. 

In 1863 the territorial legislature did not meet and the cost of the 
legislature, which was paid for by the national govt. was applied as our 
part in the war debt. 

*? Here are included: 1. All bills passed by both houses of the legis- 
lature and approved by the governor; 2. those bills passed by botn 
houses of the legislature, vetoed by the governor, but which were re- 
passed by the legislature over the governor’s veto; 3. all bills passed by 
both houses which became law due to the failure of the governor to act. 


IO The Exercise of the Veto Power in Nebraska 


the governor of which four were passed over the objections of 
the governor. | 

During the state period from 1867 to 1915, the legislature 
meeting biennially according to the constitution, a total of 
3,751 bills became effective, and the governors vetoed 138 of 
which only four were passed over the veto. | 

There was a proportionately larger number of bills adopted 
during the territorial period than during the forty-eight years 
of the state. The principal reason for this excess may be found 
in the large number of special laws. Then the legislature passed 
a special law for incorporating each bank or other organization, 
or for granting a divoree. The legislature, by the state con- 
stitution, was forbidden to pass special laws.?1 

In the territorial period thirty-nine bills, or 2.6 per cent, 
were vetoed and four bills, or 10.5 per cent, were passed over 
the governor’s objections. In the state period 138, or 3.5 per 
cent of all bills passed, were vetoed, and four, or about 3 per 
cent, were repassed. 

No bill was vetoed during the sessions 1856 and 1859 of the 
territorial period. The lowest number of bills vetoed in relation 
to the number of bills actually passed at any one session 
occurred in 1862 when one bill was vetoed and 119 became 
effective; the highest number of bills vetoed in proportion to 
the number passed was in 1861 when eight were vetoed and 
134 became effective. Of the eight bills vetoed in 1857, three 
were repassed, and of the eight bills vetoed in-1861, one was 
adopted over executive objections. Two of the three acts re- 


passed in 1857 were acts to establish the banks at Plattsmouth . 


and Tekamah and one to repeal the criminal law of the terri- 
tory. In 1861 an act to abolish slavery was vetoed by the 
guvernor, but the legislature passed it over his objections.22 
During the state period no bill was vetoed in 1867, 1869. 
1872, 1879, and the special session 1882. The lowest number 
of bills vetoed in proportion to the number of bills adopted 
occurred in 1873, when one bill was vetoed and 191 were 
adopted; the highest number was vetoed in 1905, when twenty- 


** Constitution of Nebraska, Article III, section-15. 
“For a full list of vetoed bills see appendix, B, 


The Exercise of the Veto Power in Nebraska ii 


seven bills were vetoed and 235 became effective. Of the three 


‘bills passed over the governor’s objection in 1895, two were of 


loeal significance, but the sugar bounty bill evidently repre- 
sented a deliberate control of legislation by special interests. 
Similarly in 1903 a bill was repassed, which seems to represent 
little but political by-play. 

The constitution of 1875 granted the executive power to 
veto items in bills appropriating money. This power was not 
used prior to 1895 when Governor Holeomb trimmed off $20,- 
900.00 from the appropriations. The largest amount ever vetoed 
was in 1901 when the governor took $150,377.66 from the 
appropriations; and the smallest amount was vetoed in 1911 
when Governor Aldrich objected to an item of $250.00. The 
entire sum taken off appropriation bills by means of the item 
veto mounts up to $443,630.22, which makes an annual average 


of $22,181.51. For the entire period from 1875 to 1915 the 


annual average shrinks to $11,090.75.23 3 
Until 1915 the governors of Illinois had used their dis- 
eretion in reducing items of appropriation; in that year the su- 
preme court of the state declared such an action unconstitu- 
tional. In Nebraska no attempt has been made to reduce an 
item of appropriation. The governor has always vetoed the 

whole item even if he has expressed his desire to reduce it.24 


* All information regarding the item veto has been gathered from 
“Messages and Proclamations by the Governors,” and the Session Laws 
for the respective years. 


**Messages and Proclamations (1900-11). 96. 


i2 The Exercise of the Veto Power in Nebraska 


II. AN ANALYSIS OF THE VETO POWER IN NEBRASKA 


In classifying the vetoes an attempt has been made to find 
the most fundamental reason assigned by each governor for his 
action. Applying this principle of division there are three gen- 
eral classes of vetoes,—vetoes of defective bills, vetoes on con- 
stitutional grounds, and vetoes on grounds of policy. Of course 
each of these classes may be further subdivided. 


1. Vetoes of Defective Bills 


The idea that the veto power should be extended to defective 
bills had already come into practice when Nebraska was organ- 
ized as a territory. Therefore, when Governor Izard, who was 
the first governor to be associated with the assembly for legis- 
lation,! assumed the duties of his office, he exercised his judg- 
ment as to the proper form of a bill. The first bill he 
vetoed provided for a prohibition law. The only reason for 
refusing to sign the bill was that ‘‘line 3 of section 6’’ con- 
tained a clerical error which would have entirely destroyed the 
force of the law and would have defeated the object for which 
it had been framed.2. The bill was amended by the legislature 
to meet the formal requirements and was then approved 
by the governor March 16, 1855.2 Similarly in 1864 a bill was 
passed which provided for the repeal of a certain number of 
acts passed at the second session of the legislative assembly of 
the Territory. No saving provisions were made for persons who 
had commenced action or acquired rights under those laws. 
Governor Saunders saw in this omission a vital defect in the 
drafting of the bill and therefore vetoed it.4 


*Governor Burt, who was the first governor of the territory, died 
before the legislature met the first time, 


~ 2 Council Journal (1855), 133. 
3 Council Journal (1855), 144. 
“House Journal (1864), 223, 


The Exercise of the Veto Power in Nebraska 13 


In 1865 the territorial legislature passed an act which pro- 
vided that the governor should be authorized to supply certain 
articles of clothing to an insane asylum in any other state in 
which Nebraska patients would be eared for. The governor 
was limited to a list of articles named in that bill. He objected 
to this act on the ground that every asylum had its own regu- 
lations for entrance, and our patients should comply with the 
regulations of such institutions. Therefore it was rather im- 
proper for Nebraska legislators to attempt to dictate regarding 
the entrance requirements to an institution operated by another 
state. The better plan would have been to authorize the gover- 
nor to send what the particular state required.®> The governor 
considered that the bill contained excellent provisions in other. 
respects. 

Two years later a bill was passed to alter a section of the 
revenue law. The law-makers made a mistake in referring to 
a chapter of the statutes which did not deal with revenue at 
all but with precincts. The governor objected to the bill on 
account of this mistake, because the chapter amended had no 
such section.® 

The most perfect example of this kind of defect appeared in 
two bills, one of which was vetoed by Governor Garber. The 
bill contained ‘‘the preamble’’ and then ended ‘‘abruptly’’ by 
quoting the enacting clause.* The second bill contained ‘‘52 
sections’’ as it passed the two houses of which only ‘‘7 sections’’ 
remained when it reached the governor.’ 

During the twenty-ninth session of the legislature not less 
_than seven bills were vetoed because they carried no repealing 
clause and some of them referred to statutes without giving the 
section or sections which were to be amended.® The same mis- 
take was repeated two years later.!° 


5 Council Journal (1865), 198. 
*Council Journal (1867), 184. 

-* Manuscript bills for 1877; State Journal, February 21, 1877. 
* Messages and: proclamations (1866-92), 244. 


®° Manuscript laws Seay 1902, 1905, 1911, 1951, 1955, 1984; Senate 
Journal (1905), 711. 


” Manuscript laws (1967), 1276. 


14 The Exercise of the Veto Power in Nebraska 


On the other hand, bills have sometimes been passed the 
titles of which have been larger than, or did not correspond to, 
the provisions contained in the bills% In certain cases bills 
purporting to amend a section or a part of a section have failed 
to set forth the section so amended and have been defective to 
that extent.!? | | 

With this class may be grouped another which may be called 
unnecessary bills. The provisions of those. bills would not aid 
in law enforcement, but would operate in favor of lawlessness 
or be of no value on either side. In some cases their pro- 
visions were identical with laws then in existence or of bills 
approved during the same session. This unnecessary duplica- 
tion has been more common than one would expect. From 1865 
to the present there has been a more or less continuous stream 
of such bills which have been killed by watchful governors.. 
Acting Governor Paddock vetoed an act amending an act in- 
corporating Falls City on the ground that he had already signed 
and approved an act containing the same provisions.!* Gover- 
nor Holeomb performed a similar service in 1897.14 In 1905 
four such bills were prevented from becoming effectivet> In 
the same class belonged a bill passed in 1907 amending the pro- 
visions for chartering banks. Governor Sheldon said in his mes- 
sage that the existing law had already béen similarly amended 
by House Roll Number 105.1% Governor Aldrich vetoed a bill 
““designed to establish a system of bookkeeping ... in all of 
the state institutions.’’ The reason assigned for his action was 
that ‘‘an expert accountant is appointed by the auditor of pub- 
lie accounts, whose duty it is to check up the accounts of the 
various institutions and boards of the state.’’ If this official 
‘finds any irregularities in the bookkeeping”’’ it is his duty ‘‘to 


“ Manuscript laws (1907), 1310, 1325. 

“Senate Journal (1871), 309. 

™ House Journal (1865), 300. 

“Manuscript Laws (1897), 517; Messages and Proclamations (1891- 
99), 356. 

* Manuscript Laws (1905), 1945, 1965, 1971, 1993; Messages and Proc- 
lamations (1900-11), 268,.270, 273, 275. 

“Manuscript Laws (1907), 1281; Messages and Proclamations 
(1900-11), 356, 


The Exercise of the Veto Power in Nebraska 15 


cause an investigation of such offices or institutions and take 
such action as will appear to him to be for the welfare of the 
institution.’’ 17 

Other bills have been vetoed because the existing law was 
on the whole more satisfactory than the proposed one. In the 
opinion of Governor Holeomb this was true of a bill which 
provided ‘‘for the appointment of county board of depositories 
of certain public funds.’’!8 Likewise Governor Dietrich vetoed 
an act providing for ‘‘the change of names for the Institute 
for the Deaf and Dumb and Institute for the Blind, to School 
for the Deaf and School for the Blind respectively’’ on the 
ground that ‘‘many inconveniences would arise from such change 
without reciprocal benefits.’’ 1° | 

To this class belonged also an act providing for the appoint- 
ment of a commission ‘“‘to act with a like commission from 
Missouri for the purpose of establishing the boundary line be- 
tween Nebraska and Missouri.’’ Governor Mickey exercised his 
veto power on this act on the ground that the result would be - 
accomplished more satisfactorily to all parties concerned through 
‘fan action’’ pending in the Supreme Court of the United 
States whose decision would settle the boundary ‘‘for all time.’’?° 

In 1911 the legislature attempted to ‘‘create a state board of 
supervision of maintenance of funds’’ made up of the executive 
officers of the state. The object of the act was ‘‘to require 
these officers to pass upon the disbursements of each of the 
state executive departments.’’ This bill was vetoed because 
the governor felt that the ‘‘work of one department might be 
seriously impaired by the interference of the heads of other 
departments who know but little about the business thereof.”’ 
These officers were elected by the people and were required to 
give bonds to insure the faithful performance of their duties, 
therefore, each officer ought to be allowed to conduct his own 


Messages and Proclamations (1911 f.), 99. 
*® Messages and Proclamations (1891-99), 242. 


Manuscript Laws (1901), 3138. Messages and Proclamations 
(1900-11), 90. 


* Manuscript Laws (1903), 1439. Messages and Proclamations 
(1900-11), 201. 


16 The Exercise of the Veto Power in Nebraska 


department without interference.*! Similarly a bill was passed 
authorizing the secretary of state to name each local newspaper 
- in which constitutional amendments should be published. For 
two years prior to this the power had been in the hands of the 
governor. The chief reason given by Governor Aldrich for his 
veto was that the new law ‘‘would- give a monopoly to the 
largest newspapers in the county and would deprive the smaller 
papers through the county from receiving any of this patron- 
age.’’22. The governor announced that he intended ‘‘to divide 
this patronage among republican and democratic papers’’ alike. 

In 1915, Governor Morehead vetoed a bill because the intro- 
ducer informed him that ‘‘Senate File Number 37 already 
pending in the legislature will better meet the object for which 
House Roll Number 155’’ was introduced.?? 

A slightly different application of thé principle might be 
illustrated by a bill passed in 1901 proposing an amendment to © 
the constitution. This bill was vetoed because of the cost, and 
because the new ballot law would accomplish the same result, 
and also because a ‘‘special session of the legislature should and 
will be called for the purpose of: submitting other important 
constitutional amendments to the voters at the election of 
1902.’’°4 Therefore, the governor would leave action upon the 
constitutional amendment to the special session. 

This bill raised the question as to whether or not the veto 
power of the governor extended to resolutions proposing con- 
stitutional amendments. Because the secretary of state was in 
doubt he asked the attorney general to render an opinion. The 
advice received was that ‘“‘the governor had no power over said 
proposed amendments either to approve or veto.’?25 This 
opinion was based upon the constitution of the state and upon 
a decision of the supreme court of the state. Justice Maxwell, 
speaking for the court, said: 

‘“The proposed amendment possesses no efficacy until ap- 


“Manuscript Laws (1911), 720. : 

* Manuscript Laws (1911), 720. 

** House Journal (1915), 1010. . 

Manuscript Laws ((1901), 298; Messages and Proclamations, 
(1900-11), 98. 

* Opinions of the Attorney-General (1901-2), 322 f. 


~ 


The Exercise of the Veto Power in Nebraska ye 


proved by a majority of the electors of the state voting at the 
election, and the approval of the governor is unnecessary, and 
adds nothing to the validity of such proposed amendment.’’ 2® 
Governor Mickey vetoed a resolution proposing a constitu- 
tional convention. His main objection was that the whole 
organic law would be placed ‘‘in jeopardy,’’ and, in his opinion, 
the benefits could be attained by amendments to the present 
constitution, and he advised that the latter plan be adopted.27 


7625 Nebr. 864. 
7“ Senate Journal (1903), 926. Messages and Proclamations (1900-11), 
199. 


2. Vetoes on Constitutional Grounds. 


The original purpose of the veto power was to give the 
executive a means of protection agarmst legislative interference. 
This use of the veto power has almost disappeared in Nebraska. 
Only one bill out of one hundred and seventy-seven has been 
vetoed for that specific reason. This bill took from the execu- 
tive the power to appoint superintendent of the Institute for 
the Blind, thus violating section 10, article 5 of the con- 
stitution.t 

A bill providing for the payment of fees to the commissioner 
of publie lands and buildings was vetoed because section 24, 
article 5 of the constitution provides that all fees shall be paid 
in advance into the state treasury. In addition the supreme 
court has held that this article of the constitution ‘‘not only 
prohibits such officers from receiving fees to their own use, — 
but also prohibits all executive officers except the treasurer 
from receiving fees at all.’’3 

The legislature has tried on various occasions to dispose of 
the public. lands under control of the state and the governors 
have protected the state on the ground that the constitution 


*Manuscript Laws (1905), 1925; Messages and Proclamations (1900- 
TIN AeG i 
*53 Nebr. 831. 
’ Manuscript Laws (1901), 46; Messages and Proclamations (1900-11), 
195. : 


18 The Exercise of the Veto Power in Nebraska 


provides that ‘‘Lands under control of the state shall never be 
donated to railroad companies, private corporations and in- — 
dividuals.’’ 4 


In some eases bills have passed one house and have been 
amended in the other. The bills having been returned to the 
first house have been sent to the executive for his action with- 
out concurrence in the amendments. The only thing the 
governor could do under the circumstances was to veto the bill, 
because the constitution requires that every bill must pass both 
houses in the same form.° 2 


The constitution of 1867 had not been in foree long before 
it became evident that its provisions were inadequate. In order 
to provide for a new constitution the legislature in 1873 passed 
a bill which provided for. an election to be held on the first 
Tuesday in June, 1873, to vote for or against the proposition of 
a constitutional convention, and also to elect delegates to a 
constitutional convention to meet in Lineoln on the second 
Tuesday in September, 1873. This bill violated the constitution 
in two respects: ‘first, it provided for submitting the proposition 
for revision of the constitution at a special election rather than 
at a regular election for members of the legislature; second, it 
provided for the election of members and for the meeting of a 
constitutional convention instead of following the constitu- 
tional method of letting the next legislature provide therefor. 
The governor was not opposed to a constitutional convention, 
but he did consider the method proposed too revolutionary.®  ~ 

Sometimes the method of amendment prescribed in the con- 
stitution has proved impracticable and therefore needed changes 
have failed to carry at the election. This is the difficulty with 
the constitution of 1875. The legislature, therefore, passed a 
bill in 1905 to declare constitutional amendments carried when 
a ‘‘majority of the votes thereon’’ were in favor of the amend- 
ment. The governor objected on the grounds that such an 


*Section 18, Article 3 of the Constitution. 


*Manuscript Laws (1897), 496; Messages and Proclamations 
(1891-99), 356, 357. bs 


* House Journal (1873), 548 f. 


The Exercise of the Veto Power in Nebraska 19 


action is clearly in conflict with section 1, article 15 of the con- 
stitution which requires that a majority of electors voting at 
the election must vote in favor of the proposed amendment.’ 

In 1855 the territorial legislature authorized John B. Boul- 
ware to keep a ferry on the Missouri river at Nebraska City. 
In 1860 the legislature passed a bill repealing the former law, 
but Governor Black very promptly vetoed the bill on the 
ground that it violated the constitutional provisions relating 
to the obligations of contract... In his message the governor 
ealled attention to a decision of the Supreme Court of the 
United States involving the obligation of contract.? 

Congress passed an act in 1902 providing for appropriating 
the receipts from the sale of public lands in certain states and 
territories for the construction of irrigation works for the 
reclamation of arid lands. In 1909 the legislature of Nebraska 
passed a bill which conflicted with the provisions of the federal 
act in several particulars. Governor Shallenberger interposed 
his veto saying that the bill would possibly bring benefits to 
some private interests, but it would also interfere with the 
success and progress of the United States reclamation projects 
in Nebraska.!° 


The following joint resolution is treated here not because 
it violates any particular provision of the national con- 
stitution but rather because it has to do with a national rather 
than a state issue. This joint resolution praised the valor of 
the First Nebraska Volunteers in the Spanish-American war. 
In his veto message Governor Poynter stated that no one had a 
higher regard for valor than he had, but he regretted that the 
struggle had assumed a strange complication, so that a nation 
like the United States, having entered the war for humanity 
and ‘‘in the cause of human liberty,’’ had come into conflict 
with a people ‘‘who have been battling against the oppression’’ 


*Manuscript Laws (1905), 1918; Messages and Proclamations 
(1900-11), 274. 


* House Journal (1860), 198. 

° Dartmouth College vs. Woodward, 4 Wheaton 650; 9 Cranch, 50. 

Manuscript Laws (1909), 1338. Messages and Proclamations 
(1900-11), 498, pees 


20 The Exercise of the Veto Power in Nebraska , 


of another nation for nearly 400 years. The governor considered 
that this resolution was based on a misstatement of facts, for 
such a conflict, in his opinion, ‘‘is not defending the principles 
of our government and adding new glory to our flag, which 
has ever stood as the glorious emblem ot freedom.’’ ‘To permit 
such an act to become a law would be ‘‘to stultify myself and 
the calm judgment of the thinking people of this common- 
wealth.’’ 1! | 


"Manuscript Laws (1899), 741. Messages and Proclamations 
(1891-99), 545. 


3. Vetoes on Grounds of Policy 
A. CHANGE OF CAPITAL LOCATION. 


Omaha was the territorial capital of Nebraska, but it did 
not satisfy a certain group of the people. Located as it is on 
the Missouri river, Omaha was objectionable to the people of 
the western counties and also to the more populous South Platte 
portion of the territory. In order to readjust this matter a 
bill was passed in 1857 providing for the removal of the capitol 
to the town of Douglas in Lancaster county. Where that town 
was located is a matter of conjecture even today. Governor 
Izard objected to this bill and gave the following reasons: 
first, a question so important as the removal of the capital 
cught to have been before the people when members were 
elected to the legislature; second, all who knew the geography 
of the Territory conceded that for some years to come only the 
counties on the Missouri river would be settled, therefore, 
Omaha would be the most central place; third, there were ‘two 
‘‘paper towns’’ in Lancaster county, but no one knew which 
one was referred to, and not a single house was found on either 
place—the town was to be somewhere on the Salt Creek, but 
there was no general agreement as to its location; fourth, ac- 
cording to the Organic Act the governor and the legislative 
assembly combined should locate the territorial capital, and no 
part of the appropriation for a capitol building was to be 


The Exercise of the Veto Power in Nebraska 21 


expended before such a determination was made.! In view of 


these facts the governor vetoed the bill. 


In accordance with the Organic Act the governor returned 
the bill with his veto message to the council where it had origi- 
nated. This body proceeded to make the bill a special order 
of the day from day to day and finally postponed the bill in- 
definitely ‘‘without an opposing vote.’’*? The Nebraska <Ad- 
vertiser went on to say that the question of removing the 
capital was an honest and fair question, and the interior espe- 
cially ‘‘would receive the benefit of a removal.’’? 


B. LOCAL GOVERNMENT. 


The question of local government may be divided into two 
parts, that which pertains to the county and that which has to 
do with the city. 

Several bills affecting county government have been vetoed. 

In 1885 the legislature passed an act “‘to legalize the elec- 
tion of certain officers in the city of Wymore.’’ Certain irregu- 
larities had crept in at the election, but an examination of the 
act does not show what those irregularities were. The effect 
of the act was really, in the opinion of Governor Dawes, to 


amend the charter of Wymore, but that would violate the con- 


stitution which forbids the enactment of special laws. In addi- 
tion it was very objectionable to attempt to modify the charter 
by a retrospective act, or to do indirectly after election ‘‘ what 
could not be done prior to the election.’’ 4 

A bill was passed in 1899 to provide for the election of 
eounty commissioners of counties having more than 70,000 in- 
habitants ‘‘by a vote at large.’’ Governor Poynter objected to 
this bill for two reasons. The object of districting a county at 
all is to permit every part of the county to have a represen- 
tative on the county board. ‘‘This being true it is just to 


1 Council Journal (1857), 46 f. 

7 Nebraska Advertiser, February 26, 1857. 

*TIbid. See also February 12, 1857, and June 25, 1857, 
‘Messages and Proclamations (1866-92), 372. | 


23 The Exercise of the Veto Power in Nebraskd 


each district for its electors to choose such a representative.’’ 
Second, the act was special in nature, for only two counties 
had 70,000 or more inhabitants.° 

In the early days it was customary to pasture animals at 


large on free range. Often a great deal of harm was done to . . 


settlers, and therefore, a set of herd laws was enacted. The 
legislature, however, feared that these laws would be opposed 
by local interests and for that reason the law-makers provided 
a popular referendum in at least one case. The governor 
promptly vetoed that bill because the legislative power and 
authority was vested in the legislature and the governor, and 
this duty must be exercised by them and could not be dele- 
gated to the people. The house proceeded to reconsider the 
bill, but an attempt to pass it over the governor’s objection 
failed.? 

In 1862 the legislative assembly passed a bill to appropriate 
five hundred dollars to resurvey certain saline lands in Lan- 
easter county. Two years later was passed another bill which 
repealed the former one, for the federal government had already 
performed this work and paid the expenses. But the second 
section of the bill re-appropriated the money for the purpose 
of building bridges across Salt Creek. The governor vetoed 
the bill because no adequate provision had been made to require 
the commissioners to do their work nor to pay for the service 
of the man who would build the bridges.§ 

Peter Jenal, who formerly had been treasurer of Cedar 
county, had deposited the public funds of the county with a 
bank in Yankton, South Dakota, for safe-keeping. He had 
acted in full accord with the county commissioners. On Janu- 
ary 17, 1878, the bank suspended payment. <A suit was in- 
stituted by the board of county commissioners against Peter 
Jenal and judgment was entered against him. The legislature 
passed a bill to relieve Peter Jenal. The governor vetoed the 


*Manuscript Laws (1899), 738. Messages and Proclamations 
(1891-99), 536. 

*House Journal (1861), 219. House Journal (1867), 254-5. 

*The vote in the house was one for and 27 against; House Journal 
(1861), 219. 

*House Journal (1864), 182. 


The Exercise of the Veto Power in Nebraska 23 


bill; for it would mean that funds raised by taxation for the 
general purpose of carrying on the state government would be 
devoted to private use in violation of section 15, article 3 of the 
constitution? 

That the public highway should be kept clear has been 
emphasized by the legislators. Therefore, a bill was passed 
providing that the road overseer should destroy the weeds along 
the roads, if the land owners neglected to do so, and receive 
pay from the county. In case of a non-resident land owner 
the land might be attached. Governor Sheldon vetoed the bill 
on the ground that it would probably not be constitutional 
and the beneficial results ‘‘would probably not pay for the 
neighborhood disturbances.’’!° 

In 1861 a somewhat peculiar bill was enacted, making it 
possible for a person to build improvements on land belonging 
to another person and to force him to pay for the improve- 
ments, or be in danger of losing the land. According to the 
bill. any person had color of title who could show ‘‘from the 


_ records of any public office’? that he had bought or inherited 


the land. In his veto message of this bill, Governor Black 
suggested that it is a wise rule ‘‘that the owner of the soil 


owns also whatever in the way of improvements is attached to 


the freehold.’’ This act would work in the interest of specu- 
lators for not a title in the*Territory would be safe under such 
rules of the law.11 It is needless to say that the governor 
made his arguments against this bill as strong as possible. The 
house proceeded to reconsider the bill, but a motion to pass it 
over the veto failed.12 

Time and again the settlers were troubled by Indians. In 
order to aid the settlers in defending themselves the legislature 
provided for distributing the arms belonging to the Territory 


among the settlers. The legislature mentioned by name several 


° Messages and Proclamations (1866-92), 370. 

Manuscript Laws (1907), 1261; Messages and Proclamations 
(1900-11), 354. 

“ House Journal (1861), 305 f. 

2The vote stood 12 for and 21 against the bill; House Journa) 
{1861), 307. 


BA The Exercise of the Veto Power in Nebraska j 


counties, but neglected to mention several of. the frontier 
counties of the Territory. The chief objection to this bill was 
that it was special in application and did not provide for a 
fair distribution? The house reconsidered the bill, but re- 
fused to pass it over the governor’s objection.14 

The constitution of Nebraska provides that no county shall 
be divided or have any part taken from it without first sub- 
_mitting the question to a vote of the people of the county; 
nor shall a division take place unless a majority of all the legal 
voters of the county, voting on the question, shall vote for the 
same. The legislature of 1887 passed an act to define the 
boundaries of Richardson, Nemaha, Blackbird and Dakota 
counties and ‘‘to redefine-the boundaries of Blackbird county, 
and to change the name to Thurston county.’’ In his veto mes- 
~ gage the governor called attention to the fact that the bill 
violated the constitution in that it proposed a change in the 
boundary of counties without providing for a popular referen- 
dum. The governor regarded it as a public wrong to divide a 
county without giving the people a right to vote on the 
question.1> 

Few measures pertaining to municipal government in gen- 
eral have been vetoed. But a large number of bills, general in 
form but special in application, have fallen before the official 
sword. : 

In 1911 two bills of the first class were vetoed. One pro- 
vided for the extension of the term of office of mayors and 
members of the city council, the other provided for the com- 
mission form of city government with certain restrictions and 
limitations. In vetoing the first bill the governor said that 
there was no demand for such a change nor need for it. The 
only method of getting rid of bad officials in municipalities 
was by having an election. If an official is corrupt and incom- 
petent, his term of office should certainly not be extended. He 
considered that an official of this sort ought to be checked 


*% House Journal (1861), 287. 


“The vote was 18 for the bill and 13 against: House Journal (1861), 
288. 


* Messages and Proclamations (1866-92), 466. 


= 


The Exercise of the Veto Power in Nebraska 25 


through short term of office. It would be a bad policy to 
change this practice.!® | 

The other bill provided for a petition to change the form 
of city government. It required that the petition be signed by a 
certain per cent of freehold voters, who should designate the lot 
and block of real estate owned by them in the city. The 
governor thought that this method of change created a privi- 
leged class of citizens, and deprived the electors of the right 
to petition for the enactment of city ordinances. Such re- 
striction on suffrage, he believed, could not be carried out with- 
out a constitutional amendment. This would also be a dupli- 
eation of legislation for a more satisfactory bill had been ap- 
proved already.1? 

When Nebraska Territory was organized, general prosperity 
prevailed throughout the country. Especially was this true in 
Nebraska. People were coming in from the older states and a 
hopeful feeling ruled. Cities and towns were organized in the 
eastern counties and the general boom spread. But the panic 
of 1857 came on. Formerly prosperous towns were being 
abandoned. The legislature which formerly had been asked 
to grant charters to budding towns was now requested to re- 
voke them. Archer was one of these towns. In 1861° the 
legislature passed a bill to vacate the town of Archer. The 
governor objected for two reasons; first, it did not appear 
what titles acquired in good faith for valuable considerations 
might be swept away ‘“‘by this summary proceedings;’’ second, 
if there existed any good reason for blotting out the charter 
it could very easily be stated in the bill.18 

Omaha, being the largest city in the state, has had a large 
share of special bills passed in the legislature, judged by the 
vetoes. At four different times since 1895 bills affecting the 
city charter have been vetoed. The objections stated by 
Governor Holcomb to one of these bills were that it repealed 
two sections of the existing law, leaving the city without any 
provision for creating a sinking fund or for paying the interest 


% Manuscript Laws (1911), 672. 
HM Manuscript Laws (1911), 678. 
* Council Journal (1861), 208, 


26 The Exercise of the Veto Power in Nebraska 


upon the bonded indebtedness of the city nor even for paying 
for water used by the city for public purposes.1? Four years 
later Governor Poynter vetoed another bill affecting the charter 
of Omaha. He gave the following reasons for his action. First, 
the charter increased in a dangerous degree the power of city 
officials; second, it increased the number of city officials; third, 
it increased the tax burden.?° | 

That the governor had rightly analyzed the situation may be 
illustrated from the newspapers. The World-Herald said that 
‘‘Governor Poynter is entitled to the thanks of every Omaha 
taxpayer for his veto of the Omaha charter bill. It was a bad 
measure, devised by political schemers, without regard for the 
rights of the people, and it was pushed through the legislature 
by men who expected to profit from its provisions at the ex- 
pense of the taxpayers. ... The charter bill might properly 
have been labeled, ‘an act to perpetuate a political machine at 
the expense of the city of Omaha.’ ’’ 21 

It was evident that the passage of the bill was tainted with 
fraud for ‘‘when the Omaha charter bill was before the senate 
some of the advocates of that bill presented to members of the 
senate a petition asking for the passage of the measure, to 
which petition the names of a large number of Omaha citizens 
were attached without authority.’’ 22 

In 1907 another bill amending the Omaha charter was 
vetoed. The reasons given by Governor Sheldon for his dis- 
approval was that certain railway companies having terminals 
in Omaha had secured possession of “‘valuable streets within 
the city of Omaha through the city council, which acted with- 
out authority of law.’’? This act validated the action of the 
council. The newspapers told the same story. ‘‘The bill is 
ostensibly to permit the narrowing of streets and alleys, but it 


® Messages and Proclamations (1891-99), 248 f. 


°° Manuscript Laws (1899), 742.. Messages and Proclamations 
(1891-99), 538. 


* World Herald, April 6, 1899. 
World Herald, April 4, 1899. 


“House Journal (1907), 1231; Messages and Proclamations 
$1900-11), 350. 


— 2 a 


tee 


The Exercise of the Veto Power in Nebraska 27 


also validates actions of the city council taken heretofore with- 
out authority of law ... by which it vacated public high- 
ways.’’ 24 : 

Four years later Governor Aldrich vetoed a bill to alter the 
charter. In his message the governor said he was informed 
that during the last four years the population of Omaha had 
inereased less than ten per cent; the saleable value of its prop- 
erty had not undergone any material change, while taxes had 
inereased 100 per cent. In addition to these facts there was 
an unpaid judgment against the city amounting to $400,000.00 
and approximately $8,250,000.00 for the city waterworks. These 
enormous sums must be raised by the property owners of the 
city. 

The governor held a public hearimg on the bill in his office 
at which representatives from both sides were present; and 
he had received a large number of letters requesting him to 
veto the bill. From one of these letters the governor gave the 
following summary: 

1—The bill ‘‘permits an increase of the taxes beyond the 
needs of the ecity.’’ : 

2—The provisions giving the city the right to cut weeds all 
over the city and shovel snow from the sidewalks all over the 
eity without first notifying the property owners, furnished . 
jobs for politicians. 

3—The provisions holding owners of lots personally re- 
sponsible for damages occurring in front of their property might 
deter people from owning lots in the city. 

4—The bill ‘‘is a product of city employees, very few of 


‘whom have had practical experience in city affairs and pay but 


little if any taxes.’’ 25 

A motion to pass the bill over the objections of the governor 
was lost.?® 

In a discussion of the bill the Omaha Bee said: ‘‘Governor 
Aldrich may rest assured that he would be doing Omaha a 


74Omana Bee, March 31, 1907; State Journal, March 31, 1907. 


>House Journal (1911), 856; Messages and Proclamations 
(1911 f.), 93-7. ' 
7° House Journal (1911), 859. 


28 The Exercise of the Veto Power in Nebraska 


favor by permitting it to do business under the present charter 
unchanged until we can get one that is a real improvement 
upon. 1b. 777 

When Mayor Dahlman heard of the veto he said: “‘Of 
course we will get along somehow, but the growth and progress 
of Omaha for the next three years will be greatly retarded.’’ 7° 

The World-Herald said: 

‘*TIt needed not the tontanian a er of the Omaha Bee and 
its factional friends on the real estate exchange to induce 
Governor Aldrich to veto the Omaha charter. These simply 
furnished him with the desired excuse. .. . The point was that 
it was Omaha that was asking for the charter—the commercial 
club as well as the responsible officials of the city government 
including the members of the council. ... .”’ 

The reason for the veto as seen by this paper was that 
‘‘Omaha refused to vote for Aldrich and he desired to get 
even.’’ 29 

In 1867 the territorial legislature passed an act ‘‘to exempt 
agricultural lands from taxation for city purposes within the 
corporate limits of Omaha City.’’ In stating his objections to 
the bill Governor Saunders said that perhaps the ‘“‘city limits 
are large,’’ and if the bill had provided for exempting land 
that was in the outskirts of the city there would be some reason 
for exempting them. ‘‘But this bill makes no exception.”’ 
There was land within four blocks of the court house, ‘‘ which 
from its proximity to the business portion of the city, is made 
to ‘be worth its hundreds of dollars per acre, and is by this 
bill exempt from city taxes.’’ °° 

In 1915 a bill was adopted giving ‘‘the Board: of Directors 
of the Metropolitan water district’? power to devise plans and 
‘‘to construct and operate electric light plants in cities.’’ The 
governor vetoed that bill. In his message he gave four reasons 
for his action. First, the measure was probably unconstitu- 
tional, at least one amendment added by the house; second, the 


7 (Ymaha Bee, April 2, 1911. 

8 ‘World Herald, April 8, 1911. 
** World Herald, April 2, 1911. 
*° Council Journal (1867), 218. 


The Exercise of the Veto Power in Nebraska 29 


act would only provide a duplication of power and therefore 
not be of any advantage to the city; third, the Commercial Club 
of the city had refused to endorse it; fourth, ‘‘a majority of 
the Senate and the House have memorialized me to exercise the 
veto.’’*! As a reply to the last reason the Senate adopted the 
following resolution: ‘‘We respectfully request that the Gover- 
nor file said petition or a copy thereof with the Secretary and 
the same be entered upon the Journal and made a part of the 
record.’’ 82 


The newspapers contained interesting comments on this bill. 
The World-Herald said that if the reasoning of the governor 
was sound the law creating the water board should be re- 
pealed. But the sentiment m Omaha was strongly in favor 
of investing millions of dollars, and their capable management, 
“in the hands of a high-grade, non-political board,’’ and thus 
take them out of the ‘‘muck and rail of municipal politics.’’ 
It further pointed out that the same dual system obtained in 
the state in controlling the railroads. The paper went on to 


_say that ordinarily ‘‘such a measure would have had slight 


difficulty in its progress through the legislature and past the 
executive sanction. That in this instance such formidable 
opposition was met is due, we think, less to the merit or demerit 
of the bill, than to the personal equation involving Manager 
Howell of the water plant.’’2 A Kearney paper was even 
more specific in its statements. It said: ‘‘The Grand Island 
Independent pressed the right button when these remarks were 


dropped out of the slot: Governor Morehead paid his political 


debts to the special interests which aided materially in his 
election against R. B. Howell. ... After the bill permitting 
the citizens of Omaha to decide for themselves whether or not 
they shall have a municipal electric plant had passed both 
houses of the legislature the private electric interests of Omaha 
called on the governor~to make good and he delivered the 


rights of the people of Omaha into their keeping so far as this 


* Senate Journal (1915), 822. 

* The vote on the resolution was 23 for, 2 Cet he and 8 excused ab- 
sent; Senate Journal (1915), 823. 

*’ World Herald, April 11, 1915, 


30 The Exercise of the Veto Power in Nebraska 


bill is concerned. It is not to be wondered at that the Jack- 
sonian Club, a democratic organization of Omaha, in a series 
of resolutions condemns the governor.’’ *4 

In 1895 the legislature passed a bill to ania the board of 
fire and police commissioners in Omaha. Formerly the com- 
missioners had been appointed by the governor, one from each 
of the three larger political parties. The mayor was the fourth 
member of the board and ex-officio chairman. The new bill 
gave the power to appoint the commission to a commission 
consisting of the governor, the attorney general, and the com- 
missioner of public lands and buildings. The governor objected 
to the bill for the following reasons: First, in order to secure 
the best results the commission should be non-partisan, as 
nearly as possible; second, the mayor, who is elected by the 
citizens and has their confidence, ought to be a member of the 
board; third, it was a mistake to reduce the number of com- 
missioners, for every city in the country has cried out against 
this evil; fourth, the bill limited the appointing power of the 
governor, and since the governor was responsible for the con- 
duct of the board he helped to create, he ought to have a 
freer choice in making the appointments; fifth, it was a mis- 
take to require that all those appointed by the commission 
must be electors of the city.2° Although the reasoning of 
Governor Holcomb seems sound, the legislature attempted to 
repass the bill over the objections of the executive but failed.3¢ 
‘Both sides were working hard to line up their friends for or 
against the bill. Even as late as 2 o’clock it seemed that the 
bill was certain to be defeated. But it soon became very evi- 
dent that the friends of the bill were gaining ground. . . . Her- 
man Timme of Douglas county was not expected to be present, 
owing to his severe illness, but he was brought down on the 
noon train. Mr. Timme was taken to the State House in a 


Kearney Daily Hub, April 15, 1915. 
* House Journal (1895), 1260 . 


** The vote in the House was 62 for, 30 against, and 8 absent and not 
voting; House Journal (1895), 1262; in the Senate the vote stood 28 for, 
9 against, one excused; Senate Journal (1895), 1139. 


Ls 


The Exercise of the Veto Power in Nebraska ar 


carriage, and he was bodily carried to his seat by Charles 
Youngers of the eighth ward, Tom Mahommet of the fourth 
ward, and Jean Allan of the United States of America... . 
Timme’s arrival was the cue for a great demonstration of 
applause.’ ’§? 

Two bills of minor importance might be considered at this 
point. One provided for-the consolidation of the office of city 
treasurer of Omaha with that of county treasurer of Douglas 
county. The main objection to this act was that it amended 
the school laws without making any reference to them, be- | 
cause the city treasurer of Omaha was ex-officio treasurer of 
the board of education. This mistake really made the law 
unconstitutional.2& The second bill extended the tenure of 
office of the school board of South Omaha. The friends of the 
retiring officials had conceived the idea that it would be easier 
and more certain to keep them in office, if a law could be 
enacted which permitted the school board to hold over until 
another general election. The governor suggested that the 
best way to settle a school row would be by an honest election 
permitting an honest majority to rule.®® 


8 World Herald, April 4, 1895. 

Manuscript Laws (1905),. 1892. Messages and Proclamations 
(1900-11); 266. 
*° Manuscript Laws (1911), 547. 


C. ADMINISTRATION OF JUSTICE. 


Vetoes relating to the administration of justice may roughly 
be divided into two groups, vetoes of bills providing for some 
change in the organization of courts and vetoes of bills relating 
to the enforcement of justice. The earliest sign of a change in the 
organization of the courts which appeared in the veto messages 
was a bill passed in 1861, when the legislature provided for the 
appointment of masters in chancery. The governor objected to 
the bill because it would abolish all masters in chancery acting 
at the time without authorizing them to finish up the work already 
started. Therefore some districts might be without masters in 


com The Exercise of the Veto Power in Nebraska 


chancery for some time. The governor considered this a funda- 
mental objection. 

The constitution provides that the legislature ee ‘when- 
ever two-thirds of each house’’ deem it necessary, “‘increase the 
number of judges of the district courts, and the judicial districts 
of the state.’’ In accordance with this provision the legislature 
in 1893 passed a bill providing for an additional judge in the 
twelfth district. , The governor. objected to this because the 
judicial work in the district did not demand it. ‘‘For a long 
time there has been a tendency to multiply judges and thus 
increase the expenses of the state.’’? The legislature reconsidered 
the bill, but a motion to pass it over the veto failed? This case 
did not end here. Mr. L. R. Main of Buffalo. county apphed for 
a writ of mandamus against the governor, because he had neg- 
lected to appoint an additional judge for the twelfth district 
on the ground that the bill originally passed the legislature by a 
two-thirds vote. He held that the signature of the governor 
would be unnecessary because only a three-fifths vote could pass 
the bill over the objection of the executive. The case went to 
the Supreme Court of the State, and this body held that, although 
the bill had passed the legislature by more than a two-thirds 
vote, it was necessary for the governor to sign the bill, or the 
legislature must repass it, before it became effective. The gov- 
ernor is a part of the law-making machinery of the state, and 
every bill must go to him for approval or disapproval. 

At the following session the legislature again passed an act 
to change the judicial apportionment by providing for an addi- 
tional judge in the third district, making the act effective in 
1896. The executive vetoed the bill because the third judicial 
district apparently had no greater need of an additional judge 
than other parts of the state. According to the constitution 
veto messages of bills vetoed after the adjournment of the legis- 


* Council Journal (1861), 102. 
* House Journal (1893), 749. 
* The vote was 42 for, 34 against, and 23 not voting; ‘House Sant 
(1893), 750. 
*36 Nebr. 835. This opinion contains a good discussion of the prin- 
ciples involved. a ark 
> Messages and Proclamations (1891-99), 247... 


The Exercise of the Veto Power in Nebraska gin: 


lature shall be filed with the secretary of state. This message 
was filed with the secretary of state, and the legislature had no 
opportunity to reconsider it. But the newspapers reflect a little 
of the popular sentiment. The State Journal declared that por- 
tions of the state were surprised, when they learned of the veto, 
and regarded it as a political move. ‘‘When the measure was 
pending in the legislature it became known that Judge Bush, 
the Populist judge of this district (Gage county), was opposed 
to it and was said to have worked against its passage. 
That he and the governor are close political friends is known and 
it is believed that his objections to the bill had no little effect 
in influencing the governor’s veto.’”® 

Time and again the Supreme Court has been overcrowded 
with work. In order to relieve this congestion there has been 
ereated from time to time a Supreme Court Commission to do 
some of the work. In 1893 the legislature enacted a law provid- 
ing for the appointment of three commissioners, ‘‘no two of 
whom shall be adherents of the same political party,’’ to aid in 
the performance of the duties of the Supreme court. The men 
were appointed by the Supreme Court to serve for a term of 
three years.’ Two years later this act was amended and the 
commission continued. The same was attempted again in 1899, 
but the governor vetoed the bill. Governor Poynter gave the 
following reasons for his veto: First, ‘‘the law creating the 
Supreme Court Commission was enacted because it was thought 
the interest of the people demanded it.’’ But the people had 
twice refused to adopt amendments to the constitution authoriz- 
ing the increase of the Supreme Court. The expressed will of 
the people ought to be recognized and in view of that fact, the 
governor had no choice in the matter. Second, the law as in 
operation the past six years had had a tendency to lessen the 
weight and lower the dignity of the Supreme Court decisions. 
It had happened that the two members who constituted by their 
agreement the opinion of the court had been met by a dissent 
by the other member of the court and all three members of the 
commission. Third, the public service did not demand the con- 


5 State Journal, April 12, 1895. 
7Laws of Nebraska (1893), 150 f. 


34 The Exercise of the Veto Power in Nebraska 


tinuance of the commission. The employment of ‘‘expert clerical] 
help or when occasion demands, referees of unquestioned legal 
ability and fitness would meet all the requirements of the public 
service.’’ Fourth, the law was too definite. The people might 
change the Court, but neither the popular will nor the court 
itself could change the commission. The commissioners ought 
to serve only when actually needed by the Court. The bill 
with objections was returned to the house, and upon recon- 
sideration it failed to pass.®.. By the newspapers we are informed 
that the friends of the bill were not all of one party. Some 
Republicans were for the bill, others were against it. The Kear- 
ney Hub thought that the governor’s message begged the ques- 
tion and stated that the ‘“‘conclusions were based on bare pre- 
sumptions.’° That the entire state did not agree with this 
opinion was proved by the fact that at a meeting of the executive 
committees of the democratic, populist, and silver republican 
parties a resolution was adopted endorsing the action of the 
governor and expressed as their opinion that the people would 
**sustain him in this action.’ 7! 


The World Herald considered the reasons advanced by the 
governor against the bill ‘‘entirely sound,’’ and. went on to say 
that as ‘“‘a practical feature of judicial machinery the commis- 
sion has been an ignominious failure.’’ When the commission 
was created it was believed that it would be a valuable aid, 
but, on account of the tactics adopted by some of its members, 
the large majority of Nebraska lawyers ‘‘have become thoroughly 
disgusted with the commission.’”!? In this whole affair the out- 
side influences on legislation are powerfully illustrated.13 

Modern ideas of criminology have established the wisdom of 
giving the trial judge the power to send a criminal to the peni- 
tentiary for an indeterminate period. In harmony with this idea. 


® House Journal (1899), 944 f. Messages and Proclamations (1891-99), © 


Con 
bo 
ee) 


° The vote stood 45 for and 45 against; House Journal (1899), 968. 
1 Kearney Daily Hub, March 17, 1899. ; 
™ World Herald, March 16, 1899. 

” World Herald, March 15, 1899. 

** For an inside history of the bill see World Herald, March .17, 1899. 


ee 


- 
Mur .. te 


The Exercise of the Veto Power in Nebraska 35 


the legislature passed a bill creating a Prison Board. The board 
was to have ‘‘jurisdiction of hearings on the applications of 
paroles.’’ Governor Shallenberger objected to the bill for three 
reasons. First, if the legislature could create a board to conduct 
hearings on applications for paroles there existed no valid reason 
why the same board could not be empowered to conduct hear- 
ings on applications for reprieves, pardons, or commutations, 
since these duties are so intimately connected. Second, a law 
was then in effect which did not make it necessary to spend so 
much time in conducting hearings for paroles as formerly. Third, 
the act created two new officials with a salary of $10.00 a day, 
and did not fix a maximum salary that could be drawn by these 
officials. Business experience has demonstrated the necessity of 
fixing a maximum salary for all public officials; and no appropria- 
tion had been made to defray the expenses arising under the 
Beis 


In the opinion of some people the judiciary ought to be non- 
partisan for there should be no distinction between a republican 
or a democratic interpretation of the law. ‘The legislature of 
1911 passed an act providing for a non-partisan election of the 
judiciary. The governor vetoed the bill. His reasons were 
that the Supreme Court of this state had established a record for 
fairness and careful work, and, because men who had written 
those opinions were products of partisan politics, there was no 
reason for a change to a theoretically non-partisan system. But 
strictly speaking the measure was not non-partisan, because it 
made it possible for special interests to endorse a judge and 
therefore build up a more dangerous partisanship. In the lobby 
‘fa corporation appointed boss’’ had been working for the bill.15 

The senate immediately passed the bill over the objections of 
the governor,!® but in the house the motion to repass it was de- 


4 Manuscript Laws (1909), 1347. Messages and Proclamations, 
(1900-11), 497. 


% House Journal (1911), 815-8... Messages and Proclamations 
(1911 f.) 87-93. 


1% The vote stood 20 for and 12 against the passage; Senate Journaa 
(1911), 804. 


36 The Exercise of the Veto Power in Nebraska 


feated17 The vote was strictly partisan.1§ The legislature was 
pledged to pass such a bill, but it appeared that the governor 
had not expressed his views. The democrats claimed therefore 
that the governor defeated the expressed will of the people.t9 
But the Bee seemed more inclined to approve the governor’s 
action.?° ; 

~ The enforcement of justice is very important especially in a 
‘new country. As early as 1857 the moral fiber of the Territory 
was on trial. Judge Bradford, chairman of the judiciary com- 
mittee, introduced a bill to repeal ‘‘all our criminal laws passed 
at the first session of the Legislative Assembly, and that portion 
of our civil code adopted from the code of Iowa.’’ Governor 
Izard expressed his doubts as to the wisdom of sweeping away 
‘fa very large majority of the laws now on the statute books,’’ 
since no substitute was offered. Only the common law remained 
as a basis for the punishment of any ‘‘erime of statutory 
nature.’’2! But the bill was quickly passed over the objections 
of the governor.22 This action of the legislative assembly aroused 
the indignation, of the press. The Nebraska Advertiser said: 
‘“The bill had the same fate in the House, and passed by a decided 
majority, and today, there are no laws in Nebraska except Ferry 
and Bank charters. ... We hold the originator of such fraud 
responsible and though we were at one time disposed to regard 
Mr. Bradford as an honest, conscientions man, we are now forced 
tu the conclusion that he is the most dangerous and corrupt man 
there was in that body of reckless knaves. He knew the effect of 
the bill he was introducing, and wé now know the objects he seeks 
to attain, the principal of which, we are informed, is to enable 


7 The vote was 50 for and 45 against; House Journal (1911), 833. 

“For the first time in the history of the senate, the democrats 
voted solidly together to pass the bill over the governor’s veto.” State 
Journal, April 7, 1911. 

World Herald, April 7, 1911. 


20 “FAixperience has proven that political organizations are very neces: 
sary to the continuance of popular government.” Omaha Bee, April 7, 1911. 

* Council Journal (1857), 158. 

='The vote in the Council was 12 for and one against; Council Jour- 


nal (1857), 162; in the House the vote stood 24 for and 2 against; House 
Journal (1857), 192. ; 


The Exercise of the Veto Power in Nebraska 37 


the murderer Hargis to escape the penalty of his crime. . . . he 
(Bradford) is almost as much to be feared as the murderer him- 
self.’’ The paper goes on to say that Mr. Bradford secured the 
passage of the law ‘‘by downright falsehood and abuse of con- 
fidence and respect reposed in him, (and) he deserves to be held 
up to the Public contempt of all well wishers of this Territory.’ ’2* 


In 1861 the legislature passed an act to restore citizenship to 
a man, who had been convicted of manslaughter. Governor Black 
did not approve the bill for three reasons: First, it might turn 
out that this conviction had not deprived him of citizenship; 
second, later findings did not bring out anything in his favor 
but quite to the contrary; third, the man was sentenced not by 
the judge, but by the jury in accordance with the criminal code 
of the Territory.24 

A few years later the state legislature passed a bill to repeal 
an act authorizing the governor to employ counsel ‘‘except in 
special cases’’; and it provided that the governor should ‘‘report 
to the succeeding Legislature his action in the premises.’’ The 
governor objected to the bill because cases might arise wien; it 
would be to the, interest of the state to employ counsel. He 
stated that he had engaged counsel to secure the confirmation 
of some of our state lands granted by Congress. In such cases 
the very best counsel was required.?° 

An act providing for the prosecution of criminal offenses by 
information was vetoed by Governor Dawes, because he had al- 
ready approved a bill containing similar provisions. Thus the 
services of grand Juries was dispensed with unless ealled by the 
district judge.2® 

In 1885 a bill was passed to determine the title to lands in 
Laneaster county. The governor objected to the bill on the 
eround that, although it might prove convenient for the purpose 
of fixing and defining boundaries, there was great danger that 
it might ‘“‘revive obsolete claims which have long since ceased 
to have any semblance of validity.’’27 


*s Nebraska Advertiser, March 8, 1857. 

*4 Council Journal (1861), 235. 

** Senate Journal (1871), 253. 

** Messages and Proclamations (1866-92), 368. 
“7 Messages and Proclamations (1866-92), 369. 


38 The Exercise of the Veto Power in Nebraska 


Two years later a bill was adopted authorizing the piaintiff in 
a libel suit to bring the action in any county in the state in 
which the libel had been circulated. This bill was vetoed on the 
ground that it would give the plaintiff too great advantage over 
the defendant, and would tend to increase litigation.?® 


In 1895 the legislature passed a bill granting the state a right | 


to change of venue. The Attorney-general, on behalf of the 
state, would be allowed to file his affidavit in any criminal case 
‘to the effect that the state could have a fair and impartial trial. 
Governor Holcomb objected to the bill chiefly on the ground that 
change of venue is really a judicial matter, and the bill made it 
mandatory on the trial judge to order a change of venue upon 
the filing of an affidavit by the attorney-general. The bill gave 
no discretionary power to the judge.2® Although there was ¢con- 


siderable interest in the subject the republican members in the_ 


Senate felt that they were not strong enough to pass the bill over 
the objections, therefore it was decided in caucus not to make any 
further attempt.®° | 

A person who is at ‘‘the head of a family and has neither 
lands, town lots, or houses subject to exemption, shall have 
exempt from forced sale on execution the sum of $500.00 in per- 
sonal property.’’ Governor Aldrich considered this bill class 
legislation because it gave a person at the head of a family an 
advantage in that it granted him $500.00 in property, whether 
personal or not, exempt from forced sale together with $500.00 in 
wages which was considered personal property. This bill there- 
fore worked an injustice which should not be tolerated.*1 

It is often expensive to have the record in the office of the 
district court transcribed for the appellate court. In order to 
eliminate this expense the legislature in 1913 passed a bill author- 
izing the transfer of the original record to the appellate court. 
The governor objected to this innovation on the ground that the 


* Messages and Proclamations (1866-92), 464. 


* Senate Journal (1895), 695; Messages and Proclamations (1891-99), 
217, 


*° State Journal, March 15, 1895. 


* House Journal (1911), 873; Messages and Proclamations (1911 f.), 
ve 


The Exercise of the Veto Power in Nebraska 39 


eost was negligible compared with the danger of losing the 
record. He conceived that the record would be sent from law 
office to law office: until finally it would reach the Supreme 
Court.?2. © 

An act was passed in 1911 to limit the fee of justices of the 
peace. The act was local in application and affected only Douglas 
eounty, and it was intended to take effect when the municipal 
court came into operation. The introducer requested the gov- 
ernor to veto the bill because it work hardships on the justices 
of the peace.?3 

In 1883 the legislature passed a bill to abolish the office of 
prosecuting district attorney and to elect instead county attor- 
-neys. The governor considered that the method therein used met 
very admirably the needs of the time. It was more economical 
and more efficient than he had reasons to expect the county 
attorney system would be. Justice was being meted out so that 
a reputation had been established both at home and abroad.*4 

Four years later a bill related to this one was adopted. It 
provided for the appointment of assistant county attorneys ‘‘re- 
quiring them to give bonds the same as is required of county 
attorneys.’’ The objections to this bill as stated in the governor’s 
veto message were that the assistant county attorneys were to 
serve ‘‘without compensation from the county’’ except ‘‘in 
counties with 50,000 or more inhabitants,’’ and made it impossible 
for the court to allow them any compensation by repealing the 
old law.2> The governor thought that the state had no right to 
ask for the service of any one without paying a reasonable 
2ompensation. | 


2 Senate Journal (1913), 1089; Manuscript Laws (1918), 994. 
3 Messages and Proclamations (1911 f.), 312. 

34 Viessages and Proclamations (1866-92), 301, 306. 

3 Vessages and Proclamations (1866-92), 573. 


D. THE PROTECTION OF THE ECONOMIC INTERESTS OF 
THE STATE. 


To preserve the economic interests of a state is not always 
the easiest task, This fact is vividly illustrated by a study of the 


40 The Exercise of the Veto Power in Nebraska 


continuous line of bills affecting economic interests vetoed by 
the governors. — 

At the time Nebraska Territory was organized a very hopeful 
feeling prevailed throughout the nation. Hveryone was pros- 
perous. Every one speculated. Under such circumstances the 
newly organized Territory had-to advance what was considered 
its interests. It was thought that this could be accomplished by 
chartering new banks and the legislature passed bills chartering 
several of them. But the governor doubted the prudence of this 
action and one day he vetoed bills creating six such banks. In 
his messages the governor called attention to the dangers of 
‘‘wild cat’’ banking illustrated by the experience of other states. 
He felt, however, that the demand for these unnecessary banks, 
as he considered them, was so great that he closed one message 


by saying: ‘‘ Acting upon the principle that it is better one man . 


should die for the State than all should perish, I most cheerfully 
take the responsibility of withholding my signature from the 
bill.’ That the fear of the governor was fairly well founded 
was proved by the fact that the legislature proceeded to recon- 
sider the bills and and repassed three of them? 

Banking institutions were not alone in the rush to secure 
individual charters. A large number of other institutions fol- 
lowed, so that the governor felt that the movement ought to ‘“be 
subdued and checked.’’ His views were that no special laws 
should be enacted when general laws would suffice, and that the 
legislature should reserve the right to repeal or modify laws 
creating private corporations. Indeed the legislature had passed 
a general law in 1857 for the purpose of regulating ferries. To 


pass a bill granting an individual charter after the general law © 


was in force the Governor considered improper.2 When one 
company found that the cost of operating a steam ferry would be 
greater than another kind, it requested the charters amended 
so as to erase the word ‘‘steam.’’4 


Even corporations for educational purposes rushed in. To a 


* House Journal (1857), 174. 
*Session Laws (1857), 144, 146. 
*Council Journal (1860), 240. 
‘House Journal (1860), 326. 


Oh, 


The Exercise of the Veto Power in Nebraska Al 
bill chartering one of these the Governor objected because it 
contained no limit to the amount of property the corporation 
could hold, and all property held by the corporation was exempt 
from taxes for any purpose whatsoever. So large grants are 
liable to be abused. It would be better to define and limit the 
powers and privileges granted to a corporation5 

The legislature passed a bill to charter a mining company in 
the Territory, but the governor objected to it on the ground that 
the company ought to have headquarters within the Territory. 
The amount of real estate held by any corporation of this kind 
should be limited.® 

In 1866 a bill was adopted ‘‘to incorporate the Credit Foncier 
of America.’’ The bill, as outlined by the company, granted 
powers ‘‘to erect colleges, dwellings, stores, warehouses, public 
and private buildings,’’ to develop mining interests and establish 
a trust company with full banking power, to deal in real estate, 
own and rent ‘an unlimited amount of land. In addition the 
company wanted power to sell stock to any individual or com- 
pany in any state. In the opinion of the Governor this charter 
granted too much power to one company and therefore savored 
of feudalism. To authorize such a company to serve as a collec- 
tive agency for individuals, corporations, and companies carried 
the privileges too far for safety, and “‘such acts should not re- 


ceive the sanction of the legislature.’’ According to section three 
of the bill any foreign corporation might obtain controlling 


power, and such soulless creatures ought not to be permitted ‘‘to 
control the charters made for the benefit of our own people.’” 

Large organizations tried to secure legislation favoring them 
because they were larger than others. A bill was passed to 
discriminate in favor of insurance companies whose assets ex- 
ceeded one million dollars, but the Governor vetoed the bill.8 
Another bill provided for the organization of ‘‘mutual fire, light- 
ning, and cyclone insurance companies. Any number of persons, 
not less than one hundred, who own city or: village property in 


> Council Journal (1861), 189. 
* Council Journal (1866), 146. 
"House Journal (1866), 132-3. 
®’ Messages and Proclamations (1891-99), 240. 


42 The Exercise of the Veto Power in Nebraska 


the state worth at least one hundred thousand dollars which they ' 
desire to insure, may organize a mutual insurance company.’’ In 
the opinion of the Governor the bill did not. provide sufficient 
safeguards to protect the interests of the policy holders. The bill 
would lead ‘‘to the formation of companies wholly irresponsible 
and would be fruitful of endless litigation.’’§ 

In its endeavor to advance the interests of the state the legis- 
lature might sometimes commit acts of doubtful prudence. - In 
1881 the legislature passed a bill authorizing any ‘‘county, pre-— 
einet, township or town, city or village or school district,’’ to 
‘compromise its indebtedness’’ whenever the officials were satis- 
fied that the obligations could not be paid in full. The governor 
vetoed the bill, because it would encourage repudiation and thus 
injure the credit of the state. The newspapers shared the opinion ~ 
of the governor.1® In 1911 a bill was passed to exempt from 
taxation ‘‘county, township, precinct, city, village or school dis- 
trict’’ bonds. This bill was vetoed because, in his.opinion, it 
violated the constitution and was an ‘‘unfair, inequitable, and 
unjust discrimination.’ 1 

An effective quarantine law against the SR ATETE of southern 
eattle into the state was enacted in 1887. Two years later the 
law-makers proposed to repeal that law and substituted for it a 
measure that provided for a state veterinarian, but it took away 
the power to prosecute offenders. In its hurry the legislature 
violated the constitution in two particulars; the bill was intro- 
duced after the time for introduction of bills had expired, and 
it was introduced in the senate and carried an appropriation while 
the constitution provides that all bills appropriating money shall 
be introduced in the house. The governor refused to approve 
the bill and sent a lengthy message to the legislature. The fol- 
lowing were his arguments against it: The new bill provided 
for protection which it failed to give; it violated the constitution 
as to appropriation bills and the time for introducing bills; it 
provided no penalty for its violation; it proposed eco-operation 


*° Messages and Proclamations (1866-92), 243. 
State Journal, March 3, 1881. 


“Manuscript Laws (1911), 668: Messages and Proclamations 
(1911 f.), 98, 


The Exercise of the Veto Power in Nebraska 43 


with the federal government in the suppression of animal diseases 
without accepting the federal rules regarding the same; it 
authorized the veterinarian to kill diseased animals, but did not 
protect him against liabilities for animals thus killed12 The 
newspapers explained that the foundations of the bill were not 
well laid, and therefore it could not stand. The bill had been 
rushed through, so that no one should have time to vhs a good 


- measure out of it.1% 


‘The railroad interests have been a vital subject of public 
discussion. Quite early in our history the legislators found them- 
selves forced to take up the subject for legislative action. In 
1869 an act was adopted to distribute the public lands of Ne- 
braska among the railroad companies on condition that they build 
a certain number of miles of railroad within a prescribed time. 
Two years later the legislature amended the original law by 
practically removing the promise to distribute the public lands. 
The governor promptly vetoed the bill, because it was a violation 
of the obligations of the contract.14 In line with this bill came 
another four years later exempting railroad property from taxa- 
tion above a certain amount per mile. The governor objected to 
the bill, because in his opinion, it was class legislation. In addi- 
tion it would deprive the state of a large part of its income.!>. 
A motion to repass the bill failed1® But the big struggle over 
railroad legislation came in 1891. A bill was passed to prescribe | 
a maximum freight rate, but the governor vetoed it. In his mes- 
sage the following reasons were given: In the first place the bil! 
adopted the minimum rate of Iowa although we have one third 
more territory and only half the population of Iowa. The Iowa 
rates were regulated by a commission on tle basis of the earn- 
ings of the roads, but this bill fixed rates regardless of earn- 
ings.. The volume of freight transported in Iowa was more 
than four times as great as that transported by the Nebraska 
roads. It was proved by sworn statements in the auditor’s 


2 Acts vetoed by the Governors (1869-99), State Journal, April 5, 1889. 
#3 State Journal, Apr. 6, 1889; Omaha Bee, Apr. 5, 1889. 

4 House Journal (1871), 299. 

*% Senate Journal (1875), 623. 

The vote was none for and 13 against; Senate Journal (1875), 625. 


44 The Exercise of the Veto Power in Nebraska * 
all 

office that the railroads were not making high returns on 
their investment, and the enforcement of this bill would make 
an end to ‘‘all projected railway enterprises and stagnate 
our present active railroad industries.’’ In order to equalize 
their earnings the railroads would be forced to charge a higher 
interstate rate, and since most of our commodities were consumed 
in eastern states the farmers would lose on the change of rates.17 
Before returning the bill the governor requested an opinion from 
the attorney-general as to its constitutionality, but the attorney- 
general refused to give an opinion in advance, ‘‘since it would 
be his duty to enforce the law if it were passed.’’!® 

On such ‘a vital question it would be natural to suppose that 
the people should have rather decided opinions. The legislature 
proved this by attempting to pass the bill over the governor’s 
objections. In the house the motion to repass it carried, in the 
senate it failed1®. Throughout the state the feeling was intense. 
Petitions came in to the governor from all parts of the state, and 
large delegations, mostly of railroad employees, came to request 
the governor’s veto. Railroad companies sent in statements to 
show that they were right in opposing the bill. But petitions 
and delegations in favor of the bill were not wanting.2° However, 
the opinion that the bill was unfair seemed to prevail ae 
the state, if the press expressed the public opinion.?? 


In 1905 the legislature submitted to the people a constitutional 
amendment creating a Railway Commission.22 In 1911 an attempt 
was made to extend the authority of the commission to the control 
of ‘‘any public market’’ within the state. By this method it was 
attempted to control the South Omaha stockyards. The governor 
vetoed the bill granting this authority for the following reasons: 
‘“This act purports to give the State Railway Commission power 


“House Journal (1891), 1876-81. 
State Journal, April 3 and 4, 1891. 


* The vote in the house was 75 for and 17 against; House Journal 
(1911), 1882; in the senate the vote stood 18 for and 13 against; Senate 
Journal (1891), 986. 


* State Journal, March 27 and 28, 1891, 
See further the Omaha papers, Omaha Bee April 4, 1891. 
* Adopted in 1906, Nebraska Blue Book (1915), 186. 


The Exercise of the Veto. Power in Nebraska 45 


and authority to regulate rates of stockyards and then nullifies 
its power and ties the hands of the commission by defining the 
stockyards to be something over which the commission Gan ex- 
ercise no control . . . a public market.’’3 Members of the legis- 
lature had urged the same objections while the bill was pending 
before that body. No attempt was made to pass the bill over the 
objections of the governor.?4 

Not only railroad companies but other organizations as well 
have attempted to gain unfair advantages through legislation. In 
1895 a bill was passed to encourage the manufacture of sugar by 
providing a bounty of ‘‘three-eighths of one per cent per pound 
for manufactured sugar or chicory from factories now established, 
and one per cent per pound on the manufactured articles from the 
factories hereafter established.’’ Governor Holcomb vetoed the 
bill on the ground that it was class legislation, for taxes would be 
collected from the whole state to benefit a part of the state. The 
purpose of taxation was declared to be ‘‘raising of money for 
public uses, and excludes the raising of it for private objects and 
purposes.’’ Judicial decisions supported this reasoning. It was 
safer for a young state to abstain from a policy so full of danger, 
for this aet.would stimulate a certain kind of business in certain 
localities only, and industries should not be encouraged unless 
local conditions are favorable, and if these are favorable the 
industry will flourish without unconstitutional aid.2° The legis- 
lature, however, repassed the bill.2® The vote was a party vote, 
republicans voting in favor of the repassage and the democrats 
and populists voting against. But the governor’s message was 
considered ‘‘one of the strongest state papers ever issued by a 
Nebraska executive.’’27 

According to the newspapers public opinion was more or less 
divided. The State Journal thought that ‘‘the legislature did its 
whole duty in passing the sugar bounty bill over the head of the 


> House Journal (1911), 632; Manuscript Laws (1911), 538. 

*4 World-Herald, March 24, 1911. 

* House Journal (1895), 1167-71. 

** The vote in the House was 68 for and 23 against; House Journal 
(1895), 1171 f; in the senate the vote was 26 for and 5 against; Senate 
Journal (1895), 1036. 

7 World Herald, March 30, 1895. 


46 The Exercise of the Veto Power in Nebraska 


governor’’ and ‘‘believed that as a business proposition the re- 
newal of the bounty will be hailed with pleasure by the majority 
of the farmers of the state.’’8 On the other hand it was said that 
‘in vetoing the beet sugar bill Governor Holcomb has justified 
the confidence of those democrats and populists who believed in 
equal right to all and special privilege to none.’’*®- Many of the 
gvovernor’s political friends urged him to allow the measure to 
become a law, but he ‘‘was strong enough to overcome all these 
appeals. ... The great majority of the people of this state will 
endorse this veto and will condemn the action of the legislature 
in fastening this law upon the statute book.’’?° 

In 1911 the telephone companies arranged to have a bill ee 
through the legislature to consolidate the telephone business in 
the state. In his veto message the governor enumerated the fol- 
lowing objections. First ‘‘it seeks to control and monopolize the 
telephone and telegraph business in existence under one manage- 
ment. Second, it would prohibit the organizing and operating of 
new companies any place in the state where any other company 
was in existence and doing business. Third, it abrogates existing 
franchises, which is contrary to the fundamental law of our land, 
and such an act is clearly retroactive because it impairs vested 
rights acquired under existing laws. Fourth, it jeopardizes the 
rights of the minority stockholders of the selling companies and 
puts them at the mercy of the purchasing corporations. Fifth, it 
permits the merger of two or more competing companies and then 
requires them, after this is done, to go before the commission and 
get its permission without, in the first instance, getting the right 
of the commission to merge. Sixth, it does not delegate to the 
_ commission authority to prevent such a merger contract, for 
what is the difference after the merger has been entered into 
whether they have the permission or not when the commission 
has no right to prevent the merger? Seventh, the provision for 
physical connection in section 4 is permissive only, and com- 
pulsory in no sense, because it requires the consent of the owners 
as well as the approval of the railway commission.’’3! . 


** State Journal, March 31, 1895. 
* World Herald, April 3, 1895. 
* World Herald, March 80, 1895. 
* Manuscript Laws (1911), 742. 


fr 


The Exercise of the Veto Power in Nebraska 47 


A thorough discussion of the whole question followed in the 
newspapers. - Even before the governor acted, an Omaha paper 
expressed its wish that the governor would veto the bill.®? 
Another paper saw in the governor’s action a new example of 
our inefficient method of handling public service problems, the 
legislature preferring to grant consolidation and control it by 
law, the governor opposing the entire plan? Judging from the 
newspapers the prevailing opinion seemed ot be that the ‘‘ gover- 
nor rendered a distinct service to the people of Nebraska when 
he vetoed the telephone monopoly bill.’’?4 

The whole question was analyzed by a telephone man in 
the Omaha Bee, and his arguments were the following: Officials 
of both the Bell and the Independent were pushing this merger 
legislation. The general plan was that the Bell should control 
the telephone service in the North Platte country and the 
Independent the South Platte region. The two companies would 
agree as to rates. The next step would be for the Bell to 
absorb enough shares in the Independent company to gain 
control. By the time the Bell had a controlling interest the 
_ Independent interest would become valueless, and the railway 
commission could prevent absolutely the establishment of any 
competing company.®® 

Mr. Frank Woods, President of the Independent Telephoné 
system of Nebraska, defended ‘‘the regulatory features of the 
telephone bill before the Nebraska Legislature.’*® He used 
the following arguments: The law then in force did not pre- 
vent the absorption of the smaller companies. If the merger 
was not legalized, competition will be abolished by illegal means. 
There was no way to preserve the integrity of toll connection. 
“Tt will abolish the dual telephone annoyance.’’ ‘To this. Mr. 
Lysle I. Abbott answered in the Omaha Bee that the monopoly 
law was the plainest possible, but if there were any doubt as 
to whether telephone companies were included, the law could 


82 'World Herald, April 9, 1911. 
3% State Journal, April 13, 1911. 
84 World Herald, April 13, 1911. 
*% Kearney Daily Hub, March 21, 1911. 
% Kearney Daily Hub, March 23, 1911, 


48 The Exercise of the Veto Power in Nebraska 


easily be amended so as to include them. In the second place 
the illegal abolition of telephone competition has been attempted 
by the Bell company for fifteen years, but now it has its back > 
against the wall fighting for its very life in Nebraska. The 
answer to the third and fourth arguments was that there should 
be a ‘‘compulsory physical connection under commission super- 
vision.’ ’87 

In 1907 Nebraska had a law granting power to ‘‘unauthor- 
ized Fire Insurance’’ companies to do business in the state. 
That year the legislature passed a bill granting the same privi- 
leges ‘‘to all other kinds of insurance’’ companies. The 
governor vetoed the bill on the ground that he considered it 
unwise to permit unauthorized companies to do any business 
within the state.°8 

The building of bridges over Nebraska rivers has been a 
difficult undertaking for counties. In order to introduce the 
interest of the state a bill was passed in 1905 to authorize the 
state to control the ‘‘construction and repair of certain bridges 
of five hundred feet or more in length, located on or as a part 
of public roads.’’ Governor Mickey was opposed to this 
measure for it would be ‘“‘just one step from the state con- 
trolling the larger bridges to those of lesser length.’’ In his 
opinion there was no reason for the state ‘‘to enter upon an era 
of bridge construction for the benefit of the various counties.’’ 
The work could be properly performed ‘‘by the counties, or by 
private or corporate enterprise.’’*® The newspapers said that 
the veto occasioned ‘‘no surprise and will cause very little 
eriticism.’’4° at coy | 

The governors have not only prevented corporations from 
monopolizing the resources of the state, but they have also 
objected to, what they have considered, ill advised activities of 
the state. Thus, when the legislature passed a bill creating a 


* Kearney Daily Hub, March 30, 1911. 
- * Manuscript Laws (1907), 1305; Messages and Proclamations 
(1900-11), 353. 
*° Manuscript Laws (1905), 1887; Messages and Proclamations 
(1900-11), 265. 
“Grand Island Independent, April 8, 1905. 


‘The Exercise of the Veto Power in Nebraska 49 


‘‘hoard of immigration and industrial statisties,’’ the governor 
objected tothe bill on the grounds that it provided for an 
unnecessary expense inasmuch as the work to be performed 
could be accomplished by the bureau of ‘‘Labor and Industrial 
Statisties.’’#! 

In 1905 a bill was passed to authorize the state to publish 
an ‘‘official statute’’ at $9.00 per volume. The governor con- 
sidered the act improper, because the state had been purchasing 
its supply of the Compiled Statutes at the rate of $2.50 per 
volume. The total expense involved was said to be $4,500.00.42 
But the legislature repassed the bill over the objection of the 
executive. 


At times it seems that the legislators have felt inclined to 
commit the state to an industrial development through. state 
action. Thus in 1905 a bill was adopted providing for the 
‘ferection of a hard fibre binding twine plant at the Nebraska 
State Penitentiary.’’ The bill authorized an issue of state bonds 
to the amount of $2,000,000.00, ‘‘the proceeds of the sale’’ of 
bonds to be used in establishing the plant. The governor con- 
sidered this undertaking questionable for the following rea- 
sons: The state was struggling with a debt of over $2,- 
000,000.00; the experience of other states that had established 
twine factories did not justify the experiment; the state re- 
ceived more from the sale of convict labor than could reason- 
ably be expected from a twine plant.4+ It seemed that a large 
number of farmers of the state were in favor of this bill and 
wished it enacted; and a number of representatives who voted 
in favor of the bill requested the governor to veto it, thus 
leaving the executive to bear the responsibility.45 But, re- 
marked the Norfolk News, if ‘‘the binding twine proposition 


“Manuscript Laws (1891-99), 246. 

“Senate Journal (1903), 886. Messages and Proclamations (1900-11), 
196. 

“The vote in the Senate was 23 for and 9 against; Senate Journal 
(1903), 899; in the House the vote was 67 for and 24 against; Senate 
Journal (1903), 917. 

4 Manuscript Laws (1905), 1896; Messages and Proclamations 
(1900-11), 271. 

* State Journal, April 5, 1905, 


50 The Exercise of the Veto Power in Nebraska 


for the penitentiary is a good thing it will be just as good 
when the state has paid up its debts and has an accumulation 
of money on hand with which to speculate.’’?® | 

In 1913 the legislature proposed to establish a ‘‘fish hatchery 
on the south branch of Verdigre Creek in Antelope county,’’ 
making an appropriation of $5,000.00 for the building and 
maintenance. This action the governor disapproved, because 
the state already had two hatcheries which ought to be suffi- 
cient, and it would mean a constant outlay for superintendent 
and other expenses increasing from year to year.** 

At times there has been a feeling that the natural re- 
sources of Nebraska have not been developed as they ought. 
In order to advance such interests a bill was passed to author- 
ize test borings ‘‘for the discovery of oil, coal, gas or artesian 
water ...and-.to appropriate money to aid such _ borings.’’ 
The objection urged against this bill was that the ‘‘depleted 
condition of the state’s finances’’ made it unwise to allow it 
to become a law.*® | 


In its endeavor to work for localities the legislature some- 
times loses sight of constitutional provisions. It appears that — 
certain counties had paid in taxes to the state treasurer in 
excess of their tax levy. The legislature provided that these 
should be paid back to the counties ‘‘entitled thereto the 
amount of excess’’ by a “‘method of bookkeeping,’’ without 
a legislative appropriation. In the opinion of the executive 
this act was in conflict with the constitution.*® : 

In order to establish and commemorate the immigrant trail 
the legislature adopted a bill in 19138 ‘‘to pay the cost of 
surveying and marking the trail through Nebraska.’’ Although 
the object of this bill was acceptable the governor suggested 
that it could be attained better through private enterprise, 


“Norfolk Daily News, April 5, 1905. 
“House Journal (1913), 1462; Manuscript Laws (1913), 1011. 


¥ Manuscript Laws (1905), 1968; Messages and ~Proclamations 
(1906-11), 275. 


® Manuscript Laws (1905), 1908; Messages and Proclamations 
(1900-11), 269. 


‘The Exercise of the Veto Power in Nebraska 5! 


since the state had been called upon to make an emergency 
appropriation for the relief of the tornado sufferers.°° 

A measure was passed amending the irrigation law of the 
state, but the governor objected to the change and gave the 


following reasons: ‘‘It takes the money out of the state fund 
paid in by all the taxpayers of the state, and appropriates it_ 
for the benefit of just a few. ... It places no restriction on 


the amount of money to be expended by the state engineer in 
employing commissioners to look after these irrigation dis- 
tricts. ...It inereases the salary of the assistant engineer 
from $1,200.00 to $1,800.00 per annum.’’>! The legislature re- 
eonsidered the bill and adopted it after certain amendments 
had been made in harmony with the governor’s views.>? 

The condition of the finances of the state has apparently 
justified the vetoing of several bills relating to educational and 
other institutions of the state. A bill was vetoed which pro- 
vided for the erection of a library building and a combined 
chapel and gymnasium building for the ‘‘State Normal School 
‘located at Peru.’? This bill carried an appropriation of 
$75,000.00. Likewise a bill was vetoed which appropriated 
$85,000.00 to erect two wings of the Kearney Normal School.®4 
In the case of the Kearney building the people were unwilling to 
give up easily an enlargement of their institution. Therefore, 
a writ of mandamus was gotten against the secretary of state 
because he had failed to authenticate the act providing for this 
addition to the building. But the Supreme Court approved the 
action of the secretary of state.55 
: The governor thought it unwise to allow an appropriation of 

$50,000.00 for the erection of a detached building ‘‘to be 


* House Journal (1913), 1444; Manuscript Laws (1913), 1005. 


*t Senate Journal (1913), 1020; Messages and Proclamations (1911 f), 
239. : 


* Approved by the Governor April 21, 1913; Messages and Proclama- 
tions (1911 f), 240. 


3 Flouse Journal (1901), 868. 
** Manuscript Laws (1907), 1264. 
"79 Nebr. 532. 


52 The Exercise of the Veto Power in Nebraska 


used as a tubercular at the State Asylum for the Insane at 
Hastings.’’>® | 

The constitution of 1875 permitted the governor to veto 
any item or items in bills appropriating money. This pro- 
vision was practically a dead letter until 1895 when Governor 
Holeomb made use of the power and trimmed off $20,500.00.57 
This sum was divided between an appropriation of $12,500:00 
for the purpose of buying a certain number of the Compiled 
Statutes, and another of $8,000.00 for the salaries of an addi- 
tional judge and a court reporter for the third judicial district. 
Because the bill for an additional judge was vetoed the salaries 
could be saved for the state’. At the following session he 
vetoed a group of claims against the state amounting to 
$12,709.13.59 Now a precedent was established and the example 
was followed by every governor. 

In 1899 the governor vetoed an item of $2,000.00 providing 
for the payment for the services of the stenographers of an 
investigating committee appointed by the senate.°° Governor 
Dietrich also vetoed items in three bills aggregating $150,377.66, 
including $15,200.00 for salaries, $13,017.66 for claims, and 
$15,000.00 for bounties on sealps of wild animals. The rest was 
taken off the appropriation for state institutions, the largest 
item of $90,500.00,°1 being for the State University. Four 
years later Governor Mickey vetoed “‘items of indebtedness’’ 
amounting to $2,700.00.% 

Since then items have been vetoed every session of the 
legislature down to 1913. Governor Sheldon vetoed items 
amounting to $64,411.50 divided among bounties on wild ani- 
mals, a total of $57,411.50, the State Normal School at Peru, 
the sum of $5,000.00 and the remainder from a deficiency appro- 

°° House Journal (1913), 1443. 

* Messages and Proclamations (1891-99), 248, 

* Messages and Proclamations 1891-99), 241. 

* Messages and Proclamations (1891-99), 362-6. 

* Messages and Proclamations (1891-99), 537. 


“Laws of Nebraska (1901), 547, 571, 580; Messages and Proclama 
tions (1900-11), 91, 94, 96. 


“Laws of Nebraska (1905), 734; Messages and Proclamations 
(1900-11), 270. 


The Exercise of the Veto Power in Nebraska 53 


priation bill.°8 At the following session items aggregating 
~ $75,000.00 were vetoed. The largest item of these was taken 
off an appropriation for the State Historical Society, $40,000.00. 
The next highest item, $20,000.00 was vetoed on the appro- 
priation for the University experiment station. The appro- 
priation for the Hospital for Insane at Norfolk and the State 
Normal School at Peru was reduced by items of $10,000.00 and 
$5,000.00 respectively.°4 In 1911 only one item of $250.00 was 
disapproved.® At the next session Governor Morehead vetoed 
two items amounting to $115,681.93. The smaller item of 
$681.93 was for an individual and the larger item of $115,000.00 
had been appropriated for a ‘“‘Dairy Building and extension of 
heating plant, and an Astronomical Observatory.’’6® 

Attempts at reorganization of the state government with 
the aim to improve its efficiency and economy have not been 
wanting. These attempts are of rather recent origin. Thus in 
1913 a bill was passed. providing for ‘‘a classified civil service 
for the state institutions.’’ It provided that the Board of 
Commissioners of State Institutions should administer the law, 
‘‘eonduct examinations ... provide for promotions and_re- 
movals.’’ All appointments of officials and emplovees in the 
state institutions were to be made in accordance with the act. 
The governor vetoed the bill, but in doing so expressed the 
opinion that the measure was not thorough going enough, and 
that, ‘‘another act under consideration by the legislature would 
be preferable.’ ’67 | 


In the opinion of the newspapers the bill was a step in the 
right direction and the voters of all parties had been waiting 
for such a change because they were more interested in good 
government than the partisan game. The law included a pro- 


STLaws of Nebraska (1907), 562, 579; Messages and Proclama- 
tions (1900-11), 355. 


*TLaws of Nebraska (1909), 653; Messages and Proclamations 
(1900-11), 499. 


% Laws of Nebraska (1911), 662. 
& Wessages and Proclamations (1911 f.), 245, 247. 


®™ House Journal (1913), 1445; Manuscript Laws (1913), 1013; Mes- 
sages and Proclamations (1911 f.), 241. 


54 The Exercise of the Veto Power i Nebraska 


vision for the appointment of state employees, but it omitted 
superintendents of institutions, ‘‘and it is at the top that this 
‘reform should have commenced.’’ But it seemed as if “‘the 
heads of the Nebraska state institutions had convineed Gover- 
nor Morehead that the civil service bill passed by the legis- 
lature’? was not a good thing. They objected, and the governor 
vetoed the bill.®§ 

Two years later the legislature passed an act creating “a 
state efficiency survey commission.’’ A similar commission had 
been at work for two years and made a report in which recom- 
mendations were made to improve the work of the legislature 
by reducing the number of committees and also to save the 
state from unnecessary expenses by adopting ‘‘a_ scientifie 
budget system for state expenditure.’’®® The bill of 1915 was, 
however, vetoed.for the following reasons: The bill created 
a Board ‘‘with powers to do more than may now be done by the 
Board of Commissioners of State Institutions working in con- 
junction with the Legislative Reference Bureau and state ac- 
ecountant;’’ and the governor was opposed to the creation of any 
new boards. The bill ‘‘contemplates the expenditure of $4,- 
000.00 of the people’s money for which they are not likely to 
recelve adequate returns.’’ The Board of Commissioners was 
ereated for the purpose of taking over the management of the 
state institutions, and it would be better to let them work out 
their own plans before creating another board to work out ‘‘a 
new and perhaps different theory of conducting business.’’7® 

The constitutionality of the bill was also questioned, because 
the bill provided that the members of the commission should 
‘‘meet and do certain work within thirty days from the adjourn- ~ 
ment of the legislature,’’ although the act itself would not take 
effect for ninety days after the adjournment of the legislature. 

The newspapers had another theory as to the meaning of 
the governor’s action. ‘‘The commission was to consist of six 
members of the legislature and therein lay the objection. The 


cé 


* Kearney Daily Hub, April 22, 1913. 

* Reform of Legislative Procedure in Nebraska. Bul, 4 | Legislative 
Reference Bureau. 

™ Messages and Proclamations (1911 f.), 313. 


The Exercise of the Veto Power in Nebraska 55 
Misti 

constitution provides ‘that neither members of the legislature 
nor employees shall receive any pay or perquisite other than 
their salary and mileage.’’’ The Kearney Hub explained that 
‘the appropriation was to cover “‘only the expenses of the 
commission. ’’* : 


™ Kearney Daily Hub, April 20, 1915. 


EK. VETO OF BILLS AFFECTING THE SOCIAL RELATIONS. 


The slavery question also played a part in Nebraska polities. 
Several times the territorial legislature tried to pass a bill to 
prohibit slavery but failed? Finally in the sixth gegsion the 
legislature was able to pass a bill to prohibit slavery, but 
Governor Black interposed a veto. The following session the 
legislature again passed a bill which was promptly vetoed. 
But this time the legislature had the courage to repass the bill 
and thus repudiated the position taken by their governor. The 
extensive message contains the following arguments: the terri- 
tories were the common property of all the states; the right of 
property was recognized in the Dred Scott decision; when. the 
people shall form the constitution and enter the union as a 
state it is time to settle the question of property right in 
slaves. But the legislature was of a different opinion and 
adopted the bill over the executive objections. The vote in the 
house was almost unanimous.® 

Not only the law-makers but the public in general was 
aroused. Mass conventions passed resolutions against slavery 
asserting that the Territory had a right to ‘‘regulate or prohibit 
slavery’’ through its chosen representatives. The Advertiser 


1¥For a full discussion of the question of slavery in Nebraska see the 
Morton-Watkins History of Nebraska, II. 39-71. 

? These vetoes have been treated together, because both the bills and 
the veto messages are similar in principle and almost in form. 

>The vote stood 31 for and 2 against; House Journal, lith session, 
p. 180; Session Laws (1861), 48. 

4“Resolved, That the people of Nebraska have the power through 

their legally chosen representatives ... to regulate their own domestic 
institutions, and that it is their duty to exercise this for the purpose of 
_ prohibiting slavery.” People’s Press, February 14, and 17, 1860. 


56 The Exercise of the Veto Power in Nebraska . 


declared that even the South was ‘‘forced to acknowledge that 
their peculiar institution is too slow a coach for this Young 


American progressive age—it can’t keep up. ... The only way 
therefore additional slave states are to be had in this latitude is 
by direct congressional interference .:.and we are called 


upon to yield a great national principle, because forsooth it 
does not suit a particular section of the country, and they can- 
not keep up with the progress of the age. Out upon such 
nationality !’”> 

A few years later a bill was passed ‘‘to remove the dis- 
tinction on account of race and color in the school laws of 
Nebraska.’’ Because Governor Saunders was absent from the 
Territory, the secretary of state acted as governor. He vetoed 
the bill because, although the bill provided for the enumeration 
of colored people for the purpose of taxation for school pur- 
poses, the act. did not sanction the use of money so obtained 
for educating colored children. In his opinion persons who are 
taxed for school purposes ought to be granted the privileges 
of education. It would, however, be better to provide separate 
schools for colored youths, because there existed a strong 
prejudice ‘‘in the public mind against the intimate association 
of the youths of the two races in the same school,’’ and ‘‘no 
amount of legislation can eradicate’’ this feeling. He sug- 
gested further that each community be left free to act on this 
question as local conditions warranted.® 

In 1895 the legislature thought the prejudices of which Sec- 
retary Paddock spoke had disappeared to such an extent that 
it passed a bill to ‘“‘legalize marriages between white and black 
races.’’ Governor Holcomb objected to this bill on the grounds 
that it was hurriedly enacted and probably did not represent 
publie opinion on the subject.? | 

It was mot merely in connection with slavery that social 
questions came to the front. In 1867 the legislature passed an 
act “‘to declare the age of majority.’’ The secretary, serving in 
the absence of the governor, vetoed the measure for the rea- 
son that the change might prove injurious to some people. In 


>The Advertiser, February 16, 1860. 
* Hous) Journal (1867), 253. 
7Messages and Proclamations (1891-99), 249. 


The Exercise of the Veto Power in Nebraska 57 


order to save ‘“‘the patrimony of the ward from a faithless 
_ guardian, it may be wiser to allow a person to marry at sixteen 
rather than make them wait until eighteen’’ as this bill pro- 
vided.§ 


In 1883 the legislature passed a bill “‘to regulate the prac- 
tice of pharmacy and sale of poisons and to prevent the adulter- 
ations in drugs and medical preparations.’’ It provided for a 
“State Pharmaceutical Examining Board.’’ The governor dis- 
approved the bill because the duties of the board would be 
executive and the constitution prohibits the creation of any new 
executive officers. In addition to this the bill provided that 
‘‘fines and penalties for violation of this act shall be held by 
said Board and be applied to the expenses and salaries.’’ This 
section conflicted with the constitution which provides ‘‘that 
all fines, penalties and license money arising under the general 
laws of the State shall be appropriated exclusively to the use 
and support of common schools.’ It is therefore evident that 
‘the objections were of a constitutional nature rather than 
against the policy of the bill. 

The various schools of medicine differ regarding the proper 
preparation for the practice of medicine. In order to standard- 
ize the different medical schools a bill was passed in 1905 ‘‘to 
make the practice of Christian Science healing unlawful and 
punish practitioners unless they educate themselves in materia 
medica, therapeutics, surgery and other branches of the secular 
medical profession.’’ In his veto message the governor objected 
to the bill because it was amendatory in nature and made no 
reference to the law it changed. . Furthermore, he declared the 
state had no right to interfere with the freedom of religion for 
in Christian Science the ideas of worship and healing are very 
closely connected. The reason for passing such a bill, he 
thought, was professional intolerance.’”° The Independent 
suggested that perhaps some one had given “‘the governor the 
absenv treatment.’ 


8 Council Journal (1867), 174. 

° Messages and Proclamations (1866-92), 303. 

1 Messages and Proclamations (1900-11), 263-5.. 
1 Grand Island Independent, March 30, 1905. 


58 The Exercise of the Veto Power in Nebraska 


A bill ‘‘to define conditions of child dependency, neglect, 
cruelty, ill treatment, and to prescribe methods for the pro- 
tection’’ of dependent children and ‘‘to provide punishment 
for violation of this act’’ was passed in 1903. The bill proposed 
to give jurisdiction in the matter to the district court in 
counties having -more than 40,000 inhabitants, and to the 
county court in counties having a smaller population. This 
provision of the bill violated the constitution in that all laws 
regarding the courts must be general and this bill proposed to 
give jurisdiction to one court under one: set of conditions and 
to another under other conditions. Therefore, the provisions 
of the bill could not be enforced.?? 

The liquor question has been an issue in. Nebraska polities 
since the first prohibition law was passed in 1855. With vary- 
ing success the two sides have struggled. It seems to be gen: 
erally conceded that the breweries have not acted wisely in 
their attempt to control legislation in their favor. In order to 
advance what was considered their interests a bill was passed 
to permit the establishment of saloons at Fort Crook. The bill 
was vetoed because it was against the ‘‘morality, discipline, and 
health of the soldiers of our army quarters there.’*!? When the 
house reconsidered the bill ‘“‘some who desired to vote against 
the veto hurriedly absented themselves from the hall rather 
than go on record.’™4 It was said that the governor by his 
veto saved the saloons from a more intense hatred.1® 

In 1913 a bill was passed ‘‘to prevent the procreation of 
certain classes of criminals, feeble minded, and other defec- 
tives; to provide for the appointment of a board of examiners 
by the board of commissioners of public institutions.’’ The 
bill provided further for counsel for persons operated upon, 
for the keeping of records of the proceedings of the board, and 
declared illegal all operations to prevent procreation of. the 
human species except as authorized by this act unless the same 


“Manuscript Laws (1903), 1443; Messages and Proclamations 
(1900-11), 202. 

* Messages and Proclamations (1900-11), 487. — 

“State Journal, March 21, 1909. 

* State Journal, March 23, 1909. 


The Exercise of the Veto Power in Nebraska 59 


shall be a medical necessity. Governor Morehead objected to 
the basie principle of the bill for he declared that its pro- 
visions were ‘‘more in keeping with the pagan age than with 
- the teachings of Christianity.’’ He was also in doubt as to the 
constitutionality of the bill. Moreover as the wards of Ne- 
braska confined to public institutions, had been segregated 
there was practically no reason for passing the Dbill1® The 
motion to pass the bill over the objections of the executive 
earried in the senate, but failed in the house.1* 

Newspapers stated that public sentiment had been influenced 
by a large number of cases of this nature. If no legislation of 
this sort was enacted there ought to be, in the opinion of the 
Grand Island Independent, ‘‘a greater degree of detention of 
the criminals, the record of whose conviction show a_ particu- 
larly vicious tendency.’”!§ 

Two governors had already recommended the enactment of 
a law in accordance with the principle of this bill, and several 
states have such laws. Following this line of reasoning the 
State Journal summarized a study of degeneracy in New 
Jersey, and arrived at the conclusion that the governor lacked 
information on social questions. It suggested that Arthur 
Mullen had expressed the objections stated by the governor.?9 

Even amusements have come in for their share of executive 
supervision. The Sunday baseball bill, passed in 1911, was vetoed 
principally on the grounds that counties were not empowered to. 
supervise the playing of -baseball within their limits and a 
large number of citizens would be forced to submit to the play- 
ing of baseball even if they were opposed to: it.?° 


The governor had given notice to republican members of the 
legislature that he would veto the bill, if it came to him in that 
form. He had also suggested some amendments. These amend- 
ments would have been adopted according to current reports if the 
chairman of the democratic central committee had not “‘used his 


1% Senate Journal (1913), 936; Manuscript Laws (1913), 985. 
7 Senate Journal (1913), 949, 956; World Herald, April 15, 1913. 
18Grand Island Independent, April 16, 1913. 

-”$tate Journal, April 15 and .16, 1913.: 

20 House Journal (1911), 788-9; Manuscript Laws (1911), 531, 


60 The Exercise of the Veto Power.1n Nebraska 


influence to prevent any change.’*! The governor protested 
against such unealled for ‘interference in legislative business by 
a political boss. The chairman admitted, in the World-Herald, 
that he had asked a number of his friends in the house to vote 
for the bill as it came from the senate. ‘‘I did so because I be- 


_heved the bill to be a fair and just one and also because my 


own town of Columbus was interested in its passage.’’22 
Education has also been guarded by the executive. In 
1866 the territorial legislature passed a bill authorizing the 
governor to ‘‘make arrangement with some state institution for 
receiving and educating the deaf and dumb and blind children 
residing in Nebraska.’’ He was to see to it that the children 
were Glothed ‘‘and otherwise made comfortable.’’ He was au- 
thorized to determine what portion of the expenses for edu- 
cation of these children should be paid by the parent or guardian 
of the child. The objection to the bill was that it contained no 
provision requiring the Territory to pay ‘“‘the whole or any 
part’’ of the expenses for the education of such children. 


Presumably the legislature had intended to make this pro- 


vision.23 


In 1897 a bill was passed to alter the method of taxation for 


school purposes. The bill proposed to inerease the tax levy 
and required the board of education in metropolitan cities to 
report to the city council instead of the county commissioners 
as under the old law. The objections to this bill were in the 
main that it increased taxes already heavy, and decentralized 
the levying of taxes whereas there ought to be centralized 
responsibility and uniformity.?4 

Six years later a bill respecting notices of school meetings 
was passed. In addition the bill limited the taxing power of 
the school district. The governor objected to it on the grounds 
that the amendment was more inclusive then the section which 
it altered. The bill contained a provision that whenever ‘‘five 


* State Journal, April 4, 1911. 
* World Herald, April 5, 1911. 
** House Journal (1866), 182. 


“Manuscript Laws. (1897), 505; Messages and Proclamations 
(1891-99), 359. 


nn 


The Exercise of the Veto Power in Nebraska 61 


legal voters’’ petitioned the school board to inelude in the 
notice for school meetings any subject referred to, that subject 
must be included in the notice. The governor stated that there 
were many districts in the western part of the state having 
fewer than five legal voters that would be debarred from the 
privileges which the bill was intended to secure.?® 


* Messages and Proclamations (1900-11), 193. 


62 The Exercise of the Veto Power in Nebraska 


III. SUMMARY AND CONCLUSIONS 


On the whole the veto power has been exercised conservatively 
in Nebraska. In proportion to the number of bills passed it can 
hardly be said that the veto has been used more frequently during 
recent sessions than earlier in our history. But the governors 
have prevented a large number of defective, unnecessary and 
badly drafted bills from becoming laws and thus saved the state 
much inconvenience and confusion. It might be said that the 
veto power has served as a balance wheel in legislation. If the 
executive is strong and energetic he can sometimes guide the 
work of the legislature to his advantage by threatening to exer- 
cise his veto on the pet measure of a member. 


Through the veto power the governor has saved the resources 
of the state from the monopoly of predatory interests and checked 
the growing expenditure. Although the wisdom of a single veto 
might be questioned, the governors have not seriously abused the 
confidence of the people. On the other hand there are many 
instances in which the legislature has betrayed the interests of 
the people. 


The veto power has been used effectively in Nebraska.. Of the 
one hundred and seventy-seven bills vetoed only eight have been 
passed over the objections of the executive; and whenever that 
has happened some strong combination of interests has supplied 
the motive. 


The question may perhaps be raised as to whether a larger 
number of bills would have been repassed if the constitutional 
provisions had been different. In the United States what is 
termed the qualified veto, as distinguished from the absolute, 
prevails. But, it may be asked, does not the veto power become 
absolute here also when the constitution provides that the gov- 
ernor shall have five days or more in which to act after the legis- 
lature has adjourned? Is it not true that the larger number of 
bills, especially appropriation bills, passed by the legislature, 
comes to the executive during the closing days of the session? 
Would it not be better to require that all bills should be in the 


The Exercise of the Veto Power in Nebraska 63 


hands of the executive a certain number of days before the 
legislature actually adjourns in order to give it a chance to act 
on any bill vetoed by the governor? 

In certain instances it has been charged that the governor 
has exercised his veto power for political purposes, but this is very 
difficult to prove. The clearest example of this is Black’s veto 
of the slavery bill. He was the servant of the administration at 
Washington and failed to adjust himself to conditions in Ne- | 
braska. It was charged that Governor Holeomb vetoed the bill 
for the appointment of an additional Judge in the third district 
for political reasons. Likewise it was said of Governor Aldrich 
that he vetoed the Omaha charter bill because Omaha did not 
vote for him. Governor Morehead, it is alleged, paid his political 
debt to the Omaha politicians by vetoing the Omaha light bill. 

It has sometimes been charged that bills have been vetoed 
because the governor was opposed to progressive ideas or prin- 
ciples contained in them. It is difficult to say whether the gov- 
ernor or members of the legislature have been more conservative 
- along new lines of legislation. In the case of the freight rate 
veto it was said that the governor opposed the will of the people 
and aided railroad interests. Perhaps the veto of the bill for a 
non-partisan election of judges is a clearer case, or the vivisection 


bill vetoed by Governor Morehead, which bill was clearly in line 
with modern ideas of social welfare. 


One may be permitted to raise the question as to whether the 
veto power furnishes a satisfactory means for executive co- 
operation in legislation. The veto is after all a negative power. 
Would it not be expedient to provide some constitutional means 
for introducing the governor’s influence earlier in the process of 
legislation? By permitting the governor to suggest amendments, 
as in Alabama and Virginia, something could be accomplished. 

Nebraska adopted the Budget system of state finances in 
1915, but the first experience with it was not satisfactory because 
the so-called budget was nothing except a compilation of ex- 
penditures as furnished by the various departments without any 
attempt to balance income and expenditure or to promote effi- 
ciency and economy in the finances of the state. In order to 
introduce leadership in legislation in Nebraska as it has been in 
other states some form of the cabinet system might be adopted. 


64 The Exercise of the Veto Power in Nebraska 


‘ APPENDIX A 
A List of States in Which the Governor Has the Power to 
Veto Bills 

11777 New York 1836 Ark. 1870 Va. 
1780 Mass. 1844 N. J. 1872 W. Va. 
1789 Georgia 1845 Fla. 1876 Colo, 
1790 Penn. 1845 Texas 1889 Mont. 
1792 Ky. 1846 Iowa ~ 1889 N. D. 
1792 N. H. 1848 Wis. 1889 S. D. 
21793 Vt. 1850 Calif. 1889 Wash. 
1812 La. 1851 Ohio 1890 Idaho 
1816 Ind. 1858 Minn. 1890 Wyo. 
1817 Miss. 1859 Kans. 1896 Utah 
1818 Conn, 1859 Ore. | 1897 Del. 
11818 Ill. 1864 Nev. 1907 Okla. 
1819 Ala. 1865 S.C. 1909 R. I. 
1819 Me. 1867 Md. 1911 N. M. 
1820 Mo. 1867 Nebr. 1912 Ariz. 


1835 Mich. 1870 Tenn. 


‘The veto power was given to governor and judges of supreme court. 
>The veto power was given to governor and council, 


A List of States That Provide for the Item Veto 


1872 West Virginia 1889 Wyoming 

1873 Pennsylvania 1890 Kentucky 

1874 Arkansas 1890 Mississippi 

1875 Missouri 1891 Maryland (by amend.) 
1875 Nebraska 1894 New York 

1876 Colorado 1895 South Carolina 

1376 Dexasc 1895 Utah 

1876 Minnesota (by amend.) 1897 Delaware 

1877 Georgia. 1898 Louisiana 

1879 California 1901 Alabama 

1884 New Jersey 1902 Virginia 

1884 Illinois (by amend.) 1903 Ohio (by amend.) 
1885 Florida 1904 Kansas (by amend.) 
1889 Idaho 1907 Oklahoma 

1889 Montana . 1908 Michigan 

1889 North Dakota 1910 Arizona. 

1889 South Dakota 1910 New Mexico 

1889 Washington 71916 Oregon. 


* Chamber of Commerce of the U. S. of A. (1916), 18. 
*Statesman’s Yearbook (1916), 206, 


The Exercise of the Veto Power in Nebraska 65 


Votes Required to Pass a Bill Over the Veto 


States in which bills may be repassed by a majority vote: 


Pass the bill again: Conn, 

A majority of members elected: Ala., Ark., Ind., Ky., Tenn. 

The majority of the whole number: N. J. 

A majority of the members to which the house is entitled: W. Va.. 


States in which bills may be repassed by three-fifths vote: 


Three-ifths of members present and voting: ipa 

Three-iifths of members elected: Del., Md., Nebr. 

Three-fifths of members elected, but the vote must not be smaller than 
on the originai passage: Ohio, 


States in which bills may be repassed by a two-thirds vote: 


Two-thirds of members present: Fla., Ida., Mont., Ore., S. D.,; Tex., Vt., 
Wash., Wis. 

Two-thirds of members present and voting: N. M., Cal. 

Two-thirds of members present, and this must equal at least a ma- 
jority of all elected: Va. 

Two-thirds-thereof: Ga., Ia.. Me., Mass., Minn., Miss., S. C., N. H. 

Two-thirds of all members elected thereto: Ariz., Colo., Ill., Kans., La., 
Mich., Mo., Nev., N. Y., N. D., Okla., Penn., Utah, Wyoming. 


66 


APPENDIX B 


The Exercise of the Veto Power in Nebraska 


Table Showing Exercise of Veto Power in Nebraska, 1855-1915. 


| 
Name of Governor | G 
HA 
izard) Markie 1855 
izard;: Mark ow a2 | 1856 
Izard, Mark aw <i-22 35 | 1857 
Richardson, W. A. ....-....... | SABRR8-< | 
Black, Samuel W.........-....- 1859 
Black,-Samiuels Ww. 7 1860 
Black, Samuel W.........-:.... |. 1861 
Saunders, Alvin «_2...2.. | -1862 
Sadinders; Al vatiweee 1864 
Saunders, Alvin -............ 1865 
Saunders, Alvin -............. 1866 
Saunders, Alvin ~............ 1867 
Butler, * Davidse ee 1867 
1-2-3 
Burler. Davids... ae 1869 
4-5 
Butler Day tis = a 1871 
Butler =Deaevit 242.22 1872 
session | 
Furnas, Re Wess ee % 1873 
Garber, “Silas222 24 are 1875 
Garber; :Silas <s244.4-2-: aRere 
Nance, Albinug*s2.-.* ne. G: Dae 
Nance, Albinus <...20.....:. 1881 
Nance Albinus ee 1882 
Dawes 32 Warceeae ee 1883 
Dawes; J. WW sone ee, 1885 
Thayer, Johbn-M. 2272. 1887 
Thayer, Johbn® M.2224% 1889 
Boyd, J. ies, See oe ee 1891 
Crounse, Lorenzo .......... 1893 
Holcomb, Silas. A. 2 1895 ~ 
Holcomb, Silas A............. 1897 
Poynter OW .2 Ae ee 1899 
Dietrich; :Chas.3 Hoes 1901 


bills passed 
and approved 


Number of 


Number of 

bills vetoed 
Number of 
items in ap- 
propriation 
bills 


162 


special 
83 
144 


| sessions 


eh 


| sessions 


155 

| 41 

_adj’rned 
| 17 
191 
224 
117 
89 
89 

special 
9 
112 
126 
156 
113 
AL. 
69 
124 
126 
118 


122 


bo 


eee eee ee ee eer eT 


Semecbuecccuseet | ecbw enn cealewenda 


eee ee ee eee 


See eee ee eee) 


Number of 
bills passed 
over veto 


eee eee 


a 
EPATOHNDNNaAO 


ee ee ee 


ee ee eer rrr rs 


es 


The Exercise of the Veto Power in Nebraska 67 
=r a one 
: S35 | us [wes st 
= pe. eek {eee Hoe 
Name of Governor @ 2 ae | se | a3 Vey See 
2s Baa | 82 | Bae2 Bay 
) oe A AS ahi yee Se oe A56 
Mickey, John H. .............. 1903 166 11 | ae ects 1 
Mickey, John H.............:.. | 1905 235 Dee aie serie. te 0 
Breidan :Gebios 5... | 1907 206 Pe ome ay a Pee 
Shallenberger, Ashton C. | 1909 202 3 j Evin Sri. 
Aldrich, Chester H. ........ pat loit 228 16 joa oot air be 
Morehead, John H. .......... Per kos 263 8 Ate te aces ie eae 
‘Morehead, John H. .......... tee 1995 299 4 Be tee en aes et dares 
Moth s> sats ee tories | 5180 ibis ass 8 


68 The Exercise of the Veto Power in Nebraska 


APPENDIX B 
A List of Vetoes from 1855 to 1915. 


I. Vetoes during the territorial period (1855-1867): 


Mark W. Izard (1855-56-57), 10 vetoes. 


1. *An act (C.*~B. No. 102) to prevent the sale and manufacture of 
intoxicating liquors. . 


Vetoed March 14, 1855. 
Council Journal (1855), 133. 

Reconsidered, amended, and approved, March 16, 1855. 
Council Journal (1855), 144. 


2. ‘An act (H. F. No, 133), to provide for printing and distribution 
of the laws and journals of Nebraska.” 


Vetoed March 15, 1855. 
House Journal (1855), 125. 

Reconsidered, amended and approved, March 16, 1855. 
House Journal (1855), 129. 


3.**An act (C. B. No. 2), to incorporate the bank of De Soto, Wash- . 
ington county. 


Vetoed February 11, 1857, 
Council Journal (1857), 144. 
Reconsidered and adopted in the council by a vote of 9 for and 
4 against. 
Council Journal (1857), 150. 
House Journal (1857), 181. See also Session Laws (1857), 
146. 


4. An act (C. B. No. 7), relocating and establishing the seat of gev 
ernment, 


Vetoed January 19, 1857. 
Council Journal (1857), 46 f. 


"These bills were amended to comply with the suggestions of the 
governor and therefore approved by him later. 


**Bills having a double star were reconsidered in both houses. 
Reconsidered and adopted in the House. 


“ 


The Exercise of the Veto Power in Nebraska 69 


5. *An act (C. B. No. 8), to incorporate the Bank of Columbus. 


re Vetoed February 11, 1857. 
Council Journal (1857), 144. 
Reconsidered and rejected in the Council by a vote of 8 for and 
5 against. 
Council Journal (1857), 151. 


6. *An act (C. B. No. 13), to incorporate the Clinton Bank, 


Vetoed February 11, 1857. 
Council Journal (1857), 144. 
Reconsidered and rejected in the Council by a vote of 8 for and 
5 against. 
Council Journal (1857), 151. 


7. *An act (C, B. No. 32), to incorporate the Pacific Bank of Omadi. 


Vetoed February 11, 1857. 
Council Journal (1857), 144. 
Reconsidered and rejected in the Council by a vote, the first 
= time, of 7 for and 6 against, second voting, of 8 for and b 
against. . 
Council Journal (1857), 150, 151. 


8.**An act (C, B. No. 34), to charter the Bank of Plattsmouth. 


Vetoed February 11, 1857. 
Council Journal (1857), 144. A 
Reconsidered and adopted in the Council by a vote of 9 for and 
4 against. 
Council Journal (1857), 151. 
Reconsidered and rejected in the House. 
House Journal (1857), 181, 187. 


9.***An act (C. B. No. 69), to repeal certain acts of the Legislative 
Assembly of Nebraska.” 


Vetoed February 13, 1857. 
Council Journal (1857), 158. 
Reconsidered and adopted in the Council by a vote of 12 for and 
1 against. 
Council Journal (1857), 162. 
Reconsidered and adopted in the House by a vote of 24 for and 
2 against. 
House Journal (1857), 192. 


*A single star means that the bill was reconsidered in one house, but 
not in the other. 


7@ The Exercise of the Veto Power in Nebraska 


10.**“An act (H. R. No. 9), to charter the Bank of Tekama_ in Burt 
County.” 


Vetoed February 11, 1857. 
House Journal (1857), 176. 
Reconsidered and adopted in the House by a vote of 23 for ana 
11 against. 
- House Journal (1857), 176. 
Reconsidered and adopted in the Council. 
House Journal (1857), 181. See also Session Laws (1857), 
144, 


“ 


W. A. Richardson (1858), one veto. 


11. An act to authorize certain men to keep and run a ferry across 
the Missouri river at Wyoming, Otoe County. 


Vetoed October 28, 1858. 
House Journal (1858), 171. 


Samuel W. Black (1859-60-61) 13 vetoes. 


teres An act to incorporate the Platte river bridge and ferry com- 
pany.” 


Vetoed January 6, 1860. 
Council Journal (1860), 242 f. 


13. “An act (H. R. No. 28), to repeal an act to authorize John B. 
Boulware to keep a ferry on the Missouri river at Nebraska 
City, Pierce county.” 


Vetoed January 3, 1860. 
House Journal (1860), 198. 


14. An act to authorize R. W. Frame to keep a ferry across the Mis- 
souri river at Peru. 


Vetoed January 11, 1860. 
House Journal (1860), 326. 


15. An act (H.R. No. 39), to authorize the keeping of a ferry across 
the Missouri river at Rock Bluffs City in Cass county. 


Vetoed January 11, 1860. 
House Journal (1860), 327. 
*Whenever it has been possible to locate the number of a bill I have 
made it a point to do so, but during the territorial period this is not al- 
ways possible. 


The Exercise of the Veto Power-in Nebraska 7t 


16. “An act (H. R. No. 55), to authorize Stephen Story, Jasper G. 
Lewis and Henry P. Price to establish and keep a ferry across 
the Missouri river at St. Stephens in Richardson county.” 


Vetoed February 11, 1860. 
House Journal (1860), 327. 


17.**An act (H, R. No. 3) to prohibit slavery. 


Vetoed January 1, 1861. 
House Journal (1861), 174 f. 
Reconsidered and adopted in the House by a vote of 31 for and 
2 against. 
Session Laws (1861), 438. 
Reconsidered and adopted in the Senate “by a two-thirds vote.” 
House Journal (1861), 236. Session Laws (1861), 43. 


18. *An act to restrain sheep and swine from running at large in 
the counties of Johnson and Clay.” 


Vetoed January 5, 1861. 
House Journal (1861), 219. 


19. “An act to amend an act to incorporate a seminary to be located 
in Cass county.” 


Vetoed January 7, 1861. 
House Journal (1861), 288. 


20. “An act to incorporate Table Rock Seminary.” 


Vetoed January 8, 1861. 
Council Journal (1861), 189. 


21.**“An act (H. R. No. 144), for the distribution of arms belonging to 
Nebraska Territory.” 


Vetoed January 9, 1861. 
House Journal (1861), 287. 
Reconsidered and rejected in the Council by a vote of 5 for and 
7 against. 
Council Journal (1861), 209. 
Reconsidered and rejected in the House by a vote of 18 for and 
13 against. 
House Journal (1861), 288. 


22. “An act to vacate the town of Archer in Richardson county." 


Vetoed January 9, 1861. 
Council Journal (1861), 203. 


72 


The Exercise of the Veto Power in Nebraska 


23. *“An act concerning occupying claimants.” 


Vetoed January 10, 1861. 
House Journal (1861), 305 f. 
Reconsidered and rejected in the House by a vote of 12 for and 
21 against. 
House Journal (1861), 307. 


24. “An act (C. B. No. 61), to restore citizenship to Stephen G. 
Moran.” 


Vetoed January 11, 1861. 
Council Journal (1861), 235. 


Alvin Saunders (1862-63-64-65-66-67), 15 vetoes. 


25. “An act to amend an act entitled an act for the shoo of 
masters in chancery.” 


Vetoed December 23, 1861. 
Council Journal (1861-2), 102. 


26. *“An act (H. R. No. 20) to appropriate five hundred dollars to 
resurvey certain saline lands in Lancaster county.” 


Vetoed February 9, 1864. 
House Journal (1864), 182. 
Reconsidered and rejected if the House by a vote of 0 for and 
31 against. 
House Journal (1864), 184. 


27. “An act (H. R. No, 114), to revise and consolidate the laws of a 
general nature passed at the second session of the Legislative 
Assembly.” 


Vetoed February 15, 1864. 
House Journal (1864), 223. 


28. “An act (C. B. No. 1 (H. R. No. 101), to provide for the insane 
of Nebraska.” 
Vetoed February 8, 1865. 
Council Journal (1865), 198. 
29. “An act to amend section 13 of an act entitled, ‘an act in rela- 
tion to insurance companies’, approved February 15, 1864.” 


Vetoed February 13, 1865. | 
House Journal (1865), 300. 


30. 


ol. 


32. 


33. 


34. 


35. 


36. 


37. 


38. 


‘The Exercise of the Veto Power in Nebraska 72 


“An act to amend an act entitled, ‘an act to incorporate Falls 
City, Nebraska’, approved January 13, 1860.” 


Vetoed February 13, 1865. 
House Journal (1865), 300. 


“An act to incorporate the Credit Foncier of America.” 

Vetoed February 3, 1865. 

House Journal (1866), 132. ° 
“An act to incorporate the Great Nemaha Valley PTS com- 
pany. ” 


Vetoed February 6, 1866. 
Council Journal (1866), 146. 


“An act to provide for the education of deaf and dumb children 


in Nebraska.” 


Vetoed February 10, 1866. 
House Journal (1866), 182. 


_ “An act to amend chapter 4 of the Code of Civil Procedure.” 


Vetoed February 11, 1867. 
Council Journal (1867), 168. 
“An act to declare the age of majority in Nebraska Territory.” 


Vetoed February 12, 1867. 
Council Journal (1867), 174. 


“An act to remove the distinction on account of race and color 
in the school laws of Nebraska.” : 


Vetoed February 13, 1867. 
House Journal (1867), 253. 


“An act to restrain all animals from running at large in Mon- 
roe Precinct, Platte county.” 


‘vetoed February 13, 1867. 
House Journal (1867), 254-5. 


“An act to amend section 109 of chapter 41 of the Revised 
Statutes, entitled ‘revenue’ ” 


Vetoed February 13, 1867. 
Council Journal (1867), 184 f. 


74 


39. 


The Exercise of the Veto Power in Nebraska 


“An act to exempt agricultural lands from taxation for city 
purposes within the corporate limits of Omaha City.” 


Vetoed February 18, 1867. 
Council Journal (1867), 218. 


II. Vetoes during the state period (1867-1915): 


40. 


41. 


42. 


43. 


44. 


David Butler (1867-69-71), 4 vetoes. 


“An act to amend section five of an act entitled ‘an act to dis- 
pose of public lands of the State of Nebraska for works of 
public improvements,’ approved February 15, 1869.” 


Vetoed February 8, 1871. 
House Journal (1871), 299. 
“An act to repeal an act entitled an act to authorize the Gov- 
ernor to employ counsel in action instituted by and against the 
state, approved June 21, 1867.” : 


Vetoed February 28, 1871. 
Senate Journal (1871), 253. 


“An act empowering the mayor and council in cities of the first 
class to license and regulate the keeping of toll bridges, to fix 
the rate of toll, and to authorize the collection of the same.” 


Vetoed March 1, 1871. 
Senate Journal (1871), 247. 


“An act to amend the fifth division of section 1 of an act 
entitled ‘an act to provide a system of Revenue,’ approved 
February 15, 1869.” 


Vetoed March 6, 1871. 
Senate Journal (1871), 309. 


The last bill was vetoed by Acting Governor Wm. H. James, 
because Governor Butler had been impeached and convicted. 


Robert W. Furnas (1873-74), one veto: 


“An act (H. R. No. 150) to provide for calling a convention to 
revise, alter or amend the Constitution of the State of Nebraska.” 


Vetoed February 18, 1873. 
House Journal (1873), 548 f. 
Reconsidered and rejected in the House. 


The Exercise of the Veto Power in Nebraska 75 


Silas Garber (1875-76, 1877-78), 4 vetoes: 


45. *“A bill (S. F. No. 45), for an act to amend sections 36, 41 and 
46 of an act to provide a system of revenue, approved February 
15, 1869.” 


Vetoed February 25, 1875. 
Senate Journal (1875), 640. 
Reconsidered and rejected in the Senate by a vote of 2 for and 
10 against. 4 
Senate Journal (1875), 642. 


46. *“An act (S. F., No. 85) to amend section 17 of chapter 66 
entitled ‘Revenue’.”. 


Vetoed February 25, 1875. 
Senate Journal (1875), 623. 
Reconsidered and rejected in the Senate by a vote of 0 for and 
13 against. 
Senate Journal (1875), 625. 


47. *“An act (S. F. No. 55), to amend section 62 of chapter 9 of an 
act to establish a criminal code, approved March 4, 18738.” 


Presented to the Governor Feb. 15, 1877. 
. Senate Journal (1877), 829. 
Vetoed February, 1877. 
State Journal, February 21, 1877. 
Manuscript bills for 1877. 


48. “An act (H. R. No. 193), providing for the exemption of cei- 
tain school lands in Pawnee county from tax sale.” 


Presented to the Governor February 15, 1877. 
House Journal (1877), 780. 
Vetoed February, 1877. 
State Journal, February 21, 1877. 
Manuscript bills for 1877. 


*The veto of bills 47 and 48 is not recorded in the governor’s office 
nor found anywhere else where one would look for it. It is found only 
in the State Journal and the manuscript bills. 


76 


49. 


52. 


54. 


The Exercise of the Veto Power in Nebraska 
Albinus’ Nance (1879-80-81-82), 3 vetoes. 


“An act (H. R..No, 16), to provide for township organization.” 


Vetoed March 3, 1881. 
Acts vetoed by the Governors (1869-1899). 


Messages and Proclamations (1866-1892), 244. 


“An act (H. R. No. 26), to repeal section 39 and 41 of chapter 
43 of the Revised Statutes of 1866, being sections 31 and 36 of 
chapter 61 of the General Statutes of 1873.” 


Vetoed March 1, 1881. 
Acts vetoed by the Governors (1869-1899). 
Messages and Proclamations (1866-1892), 242. 


“An act (H. R. No. 52), to provide that any county, precinct, 
township or town, city or village, or school district, may com- 
promise its indebtedness whenever the county commissioners 
of any county, the city council of any city, the board of trus- 
tees of any village or the school board of any school district 
shall be satisfied by petitions or otherwise that any such coun- 
ty, precinct, township or town, city, village or school district 
is unable to pay in full its indebtedness.” 


Vetoed March 1, 1881. 
Messages and Proclamations (1866-1892), 248. 


James W. Dawes (1883-4, 1885-6), 10 vetoes. 


‘An act (S. F. No. 35), to provide for the election of county 
attorneys and to define their duties, also to repeal all acts 
and parts of acts inconsistent herewith and to fix their 
salaries.” 


Vetoed March 3, 1883. 
Messages and Proclamations (1866-1892), 307. 


“An act (H. R, No. 100), to amend section 1, chapter 61, Com- 
piled Statutes of Nebraska and to repeal section 12 of said 
chapter and the amendatory act of section 12, February 9, 1875.” 


Vetoed March 3, 1883. 
Messages and Proclamations (1866-1892), 307. 


“An act (H. 'R. No. 101), to regulate the practice of phar- 
macy and sales of poisons and to prevent adulterations in 
drugs and medical preparations in the State of Nebraska.” 


Vetoed March 2, 1888. 
Messages and Proclamations (1866-1892), 303. 


56. 


57. 


58. 


59. 


60. 


The Exercise of the Veto Power in Nebraska Bo 


“An act (H. R. No, 241), to authorize precincts, townships, and. 
towns to vote bonds to aid work of internal improvements, 
to legalize bonds already issued in certain cases for such pur- 
poses, 


Vetoed March 38, 1883. 
Messages and Proclamations (1866-1892), 304. 


“An act (H. R. No. 260), to amend section seven of an act 
entitled ‘an act to provide a General Hlection Law, the pro- 
cedure relative to contested elections and filling of vacancies 
in office’; being chapter 26 of the Compiled Statutes.” 


Vetoed March 38, 1883. 
Messages and Proclamations (1866-1892), 306. 


“An act (S. F. No, 146), to ratify and determine the title 
right of possession, boundaries and description of lands. in sec- 
tion number thirty-six (36) of township number 10, north of 
range number 6, east of the sixth in this state as heretofore 
sold and conveyed, or attempted to be, by the officers of this 
state, or of Lancaster county.” 


Vetoed March 10, 1885. 
Messages and Proclamations (1866-1892), 369. 


“An act (S. F. No. 197), to legalize the election of certain offi- 
cers in the city of Wymore as a city of the second class.” 


Vetoed March 10, 1885. 
Messages and Proclamations (1866-1892), 372. 


“An act (H. R. No. 10), to provide for presenting and prosecut- 
ing criminal offenses in District Court by information or in- 
dictment subscribed by district or prosecuting attorney of the 
proper district or county.” — 


Vetoed March 9, 1885. 
Messages and Proclamations (1866-1892), 368. 


“An act (H. R. No. 17), to amend section 1, sub-division 2, sec- 
tion 3, sub-division 3, and section 2, sub-division 6, of chapter 
79 of the Compiled Statutes of Nebraska, being an act entitled 
‘Schools,’ approved March 1, 1881.” 


Vetoed March 9, 1889. 
Messages and Proclamations (1866-1892), 367. 


78 


- 


The Exercise of the Veto Power in Nebraska 


61. “AN act (H. R. No, 78), for the relief of Peter Jenal, Henry 
Felber, Ignats Griesser, William Arens, John H. Felber, Rob- 
ert Henrich, Clemens Asher and Bernard Wahler.” 


Vetoed March 10, 1885. 
Messages and Proclamations (1866-1892), 370. 


John M. Thayer (1887-8, 1889-90), 4 vetoes. 


62. “An act (S. F. No. 64), to amend section 3 of an act entitled 
‘an act defining the boundaries of Richardson, Nemaha, Black- 
bird and Dakota counties,’ approved March 7, 1855, and redefine 
the boundaries of ‘Blackbird’ county and to change the same to 
Thurston county.” 


Vetoed April 5, 1887. 
Messages and Proclamations (1866-1892), 466, 


63. “An act (H. R. No. 346), to amend section 60, Title IV of the 
Code of Civil Procedure.”’ 


Vetoed April 5, 1887. 
Messages and Proclamations (1866-1892), 464. 


64. ‘An act (S. F. No. 10), to repeal chapter 4 of the laws of 1887, 

designated in the Compiled Statutes of 1867, as article 2 of 
chapter 4, and to provide for the protection of the health of 
domestic animals of the state from contagious diseases.” 


Vetoed April 3, 1889. 
Acts vetoed by the Governors (1869-1899). 
State Journal, April 5, 1889. 


65. *“An act (H. R. No. 185), to amend section 20 of chapter 7 of 
the Compiled Statutes of Nebraska of 1887.” 


Vetoed March 27, 1889. 
House Journal (1889), 1994 f. 
Messages and Proclamations (1866-1892), 573. 
Reconsidered and rejected by the House by a vote of 12 for 
and 72 against. : 


James E. Boyd (1891-2), 2 vetoes. 


66.**“An act (H. R. No. 12), to regulate railroads, to classify 
freights, to fix reasonable maximum rates to be charged for 
the transportation of freights upon each of the railroads in the 
State of Nebraska.” 


The Exercise of the Veto Power in Nebraska 79 


Vetoed April 3, 1891. 
House Journal (1891), 1876-81. 
Reconsidered and adopted in the House Dy a vote of 75 for and 
17 against, 8 not voting. 
House Journal (1891), 1882. 
Reconsidered and rejected in the Senate by a vote of 18 for 
and 13 against, 2 not voting. — 
Senate Journal (1892), 986. 


67. “An act (H. R. No. 212), to amend chapter 50, section 1, of 
the Compiled Statutes of the State of Nebraska of 1887, in re 
gard to the sale of malt, spirituous and vinous liquors, in 
towns and precincts.” 


Vetoed April 7, 1891. 
House Journal (1891), 1151. 


Lorenzo Crounse (1893-4), one veto. 


68. *“An act (H. R. No. 172), to amend section 226, of Chapter 3, of 
the Consolidated Statutes of Nebraska by providing for an 
additional judge in the Twelfth judicial district.” 


Vetoed March 18, 1893, 

House Journal (1893), 749 f. 
Reconsidered and rejected in the House by a vote of 42 for, 
34 against and 23 not voting. 

House Journal (1893), 750. 


Silas A. Hoicomb (1895-6, 1897-8), 17 vetoes, 4 item vetoes. 


69. “An act (S. F. No. 184), to amend an act entitled ‘an act to 
apportion the state into judicial districts, and for the appor- 
tionment and election of officers thereof,’ approved March 30, 
1891, and to repeal said original act.” 


Vetoed April 10, 1895. 
Messages and Proclamations (1891-99), 247. 


70. “An act (S. F. No. 259), to amend section 6082 of Cobbey’s Con- 
solidated Statutes of Nebraska of 1893 the same being sections 
455 of the Code of Criminal procedure of the State of Nebraska, 
and to repeal said section as now existing.’ ’ 


Vetoed March 12, 1895. 
Messages and Proclamations (1891-99), 217. 
Senate Jeurnal (1895), 695. 


80 The Exercise of the Veto Power in Nebraska 


71.**“An act (S. F. No. 335), to amend section 2090, Chapter 29, 
Cobbey’s Consolidated Statutes of 1891, and to repeal said 
original section.” 


Vetoed April 1, 1895. 
Messages and Proclamations (1891-92), 234. 
Senate Journal (1895), 1073. 
Reconsidered and adopted in the Senate by a vote of 25 for 
and 7 against. 
Senate Journal (1895), 1123, 1134. 
Reconsidered and adopted in the House by a vote of 69 for, 21 
against, absent and not voting, 10. 
House Journal (1895), 1254, 


72.**“An act (H. R. No. 67), to provide for the encouragement of 
the manufacture of sugar and chicory and to provide a com- 
pensation therefor.” ; 


Vetoed March 29, 1895. 
House Journal (1895), 1167 f. 
Messages and Proclamations (1891-99), 229 f. 
Reconsidered and adopted in the House by a vote of 68 for 
and 23 against. 
House Journal (1895). 
Reconsidered and adopted in the Senate by a vote of 26 for . 
and 6 against, , 
Senate Journal (1895), 1036. 


73. “An act (H.-R. No. 133), to amend sections 3, 6, 11, 13, 30, 46, 
50, 61, 64, 66,.69, 72, 107,.109;-118> 116, 117, 118 1235 12%,ee4e, 
167, 168 and 172 as heretofore existing of an act entitled ‘an 
act incorporating metropolitan cities and defining, regulating 
and * prescribing their duties, powers and government; ap- 
proved March 30, 1887, and to repeal said original sections 80 
and 81 of said act.” 


Vetoed April 10, 1895. 
Messages and Proclamations (1891-99), 243. 


74.**“An act (H. R. No. 139), to amend section 14 of an act en- 
titled an act entitled metropolitan cities and defining, regulat- 
ing and prescribing their duties, powers and governments.” 


Vetoed April 1, 1895. 
House Journal (1895), 1260. 
Messages and Proclamations (1891-99), 235, 
Reconsidered and adopted in the House by a vote of 62 for, 
30 against, absent and not voting 8. 
House Journal (1895), 1262. 


The Exercise of the Veto Power in Nebraska Si 


Reconsidered and adopted in the Senate by a vote of 23 tu, 
9 against and 1 excused. 
Senate Journal (1895), 1139. 


75. “An act (H. R. No. 246), to authorize the formation of fire, 
lightning and cyclone mutual insurance companies.” 


Vetoed April 10, 1895. 
- Messages and Proclamations (1891-99), 240. 


76. “An act (H. R. No, 339), to amend section 1396 of the Consoli- 
dated Statutes of Nebraska for 1891 and to repeal said origi- 
nal section.” 


Vetoed April 11, 1895. 
Messages and Proclamations (1891-99), 249. 


77. “An act (H. R. No, 522), to provide for the appointment of 
County Boards of Depositories of certain public fund; to pro- 
vide for the depositing of certain public funds with such de- 
positories, to punish any county Treasurer violating the pro- 
visions of this act, to require sureties on the bonds of such 
depositories to make statements under oath as to their exact 
worth, and to punish sureties making such statements falsely, 
and to repeal chapter 50 of the session laws of 1891.” 


Vetoed April 10, 1895. 
Messages and Proclamations (1891-99), 242. 


78. “An act (H. R. No. 540), to create a board of immigration and 
industrial statistics to define the duties of its officers, and to 
repeal chapter 47, of the session laws of 1887.” 


Vetoed April 10, 1895. 
Messages and Proclamations (1891-99), 246. 


ITEM VETOES. 
“An act (H. R. No. 611), making an appropriation for the 
payment of miscellaneous items of indebtedness owing by the 
State of Nebraska.” 


Vetoed April 10, 1895. 
Messages and Proclamations (1891-99), 241. 


‘An act (H. R. No. 632), making appropriations for the cur- 
rent expenses of the state government for the year ending 
March 31, 1896, and to pay the miscellaneous items of indebtea- 
ness owing by the State of. Nebraska.” 

Vetoed April 10, 1895. 

Messages and Proclamations (1891-99), 248, 


82 


80. 


81. 


$2. 


B4. 


The Exercise of the Veto Power in Nebraska 


“An act (S. F. No. 41), to amend section 143 of Chapter 14, arti- 
cle 1, paragraph 1494, of the Compiled Statutes of Nebraska, for 
the year 1895, relating to Parks and Public Grounds, and to 
repeal said original section.” - 


[ 


Vetoed April 15, 1897. 
Manuscript Laws (1897), 501. 
Messages and Proclamations (1891-99), 358. 


“An act (S. F. No. 250), to amend section 21 of sub-division 17, 
chapter 79, being section 4875 of the Compiled Statutes of Ne- 
braska 1895, relating to schools, and to repeal the said sec- 
ticn above named, as non-existing.” 


Vetoed April 15, 1897. 
Manuscript Laws (1897), 505. 
Messages and Proclamations (1891-99), 359. 


“An act (S. F. No. 273 [293]), to amend section 1 of sub- 
division 18, chapter 79, of the Compiled Statutes of Nebraska 
of 1895, entitled ‘School Books,’ and to repeal said original 
section.” 

Vetoed April 15, 1897. 

Manuscript Laws (1897), 496. 

Messages and Proclamations (1891-99), 357. 


“An act (H. R. No. 241), to amend an act entitled ‘an act de- 
fining a legal newspaper for the publication of legal and other 
official notices in the State of Nebraska,’ and to repeal sec- 
tions 16, 17 and 18 of chapter 68 of the Compiled Statutes 
of Nebraska.” 

Vetoed April 15, 1897. 

Manuscript Laws (1897), 496. 

Messages and Proclamations (1891-99), 356. 


“An act (H. R. No. 2638), to regulate stock yards and fix com- 
missions for selling live stock therein, and providing punish- 
ment for violation thereof.” 


Vetoed April 15, 1897. 
Manuscript Laws (1897), 514. 
Messages and Proclamations (1891-99), 361. 


“An act (H. R. No, 301), to amend sections 7 and 8 of chap- 
ter 68, Compiled Statutes of Nebraska, 1895, and to repeal 
said section so amended.” 


Vetoed April 15, 1897. 
Manuscript Laws (1897), 517. 
Messages and Proclamations (1891-99), 356. 


85. 


86. 


87. 


‘The Exercise of the Veto Power in Nebraska &3 


“An.act (H. R. No, 354), providing for the payment out of 
the state treasury of the premium on the State Treasurer’s 
bond, when such bond is executed by a surety company 
authorized by the laws of Nebraska to execute such bond, such 
premium not to exceed one-third of one per cent per annum 
of the penalty stated in the bond; and appropriating funds 
for the payment of such premium.” 


Vetoed April 15, 1897. 
‘Manuscript Laws (1897), 508. 
Messages and Proclamations (1891-99), 357. 


ITEM VETOES, 


“An act (H. R. No. 614), making appropriations for current 
expenses of state government for the biennium ending March 
31, 1899, and for payment of miscellaneous items of- indebted- 
ness owing by the State of Nebraska.” 


Vetoed April 15, 1897. 
Manuscript Laws (1897), 3878. 
Messages and Proclamations (1891-99), 362. 


[Aneaet CH. RR. No, 631); making appropriations for the pay- 
ment of various items of indebtedness.” 


Vetoed April 15, 1897. 
Manuscript Laws (1897), 378. 
Messages and Proclamations (1891-99), 364 f. 


W. A. Poynter (1899-1900), 4 vetoes and 1 item veto. 
“An act (S. F. No. 22), to amend the election laws.” 


Vetoed April 5, 1899. 
Manuscript Laws (1899), 738. 
Messages and Proclamations (1891-99), 536. 


An act (S. F. No. 298), regarding soldiers in the Philippines. 


Vetoed March 31, 1899. 
Manuscript Laws (1899), 741. 
Messages and Proclamations (1891-99), 545. 


88. *“An act (H. R. No. 114), fo renew the Supreme Court Com- 


mission.”’ 


Vetoed March 14, 1899. 
House Journal (1899), 944 f. 
Messages and Proclamations (1891-99), 529. 


84 


The Exercise of the Veto Power in Nebraska 


Reconsidered and rejected in the House by a vote of 45 for 
and 45 against. 
House Journal (1899), 968. 


89. “An act (H. R. No. 385), to amend an.act incorporating Metro- 
politan cities and defining, prescribing and regulating their 
duties, powers and government.” 


Vetoed April 5, 1899. 
Manuscript Laws (1899), 742. 
Messages and Proclamations (1891-99), 538. 


ITEM VETO 


“An act (H. R. No. 501), being an appropriation for currenv 
expenses of the State Government.” 


Vetoed April 5, 1899. 
Messages and Proclamations (1891-99), 537. 


Charles H. Dietrich (1901-2), 4 vetoes and 3 item vetoes. 


90. “An act (H, R. N. 23), for the relief of Russel F, Loomis.” 


53 Vetoed April 1, 1901. 
Manuscript Laws (1901), 46. 
Messages and Proclamations (1900-11), 89. 


91. “An act (H. R. No. 111), to appropriate the sum of $75,000, to 
build a library and a combined chapel and gymnasium build- 
ing for the State Normal School located at Peru, Nebraska.” 


Vetoed March 11, 1901. 
House Journal (1901), 867. 
Messages and Proclamations (1900-11), 68 f. 


92. “An act (H. R. No, 117), a joint resolution to amend section a 
of article 15, of the constitution of the State of Nebraska.” 


Vetoed April 2, 1901. 
Manuscript Laws (1901), 298. 
Messages and Proclamations (1900-11), 98. 


93. “An act (H. R. No. 129), providing for the change of name 
for the Institute for the Deaf and Dumb and the Institute for 
the Blind.” 


Vetoed April 1, 1901. 
‘Manuscript Laws (1901), 313. 
Messages and Proclamations (1900-11), 90. 


\ 


The Exercise of the Veto Power in Nebraska 85 


ITEMS VETOED 


“An act (H. R. No. 436), to provide for the payment of salaries 
of the officers of the State Government.” 


Vetoed April 2, 1901. 
Laws of Nebraska (1901), 547-550. 
Messages and Proclamations (1900-11), 91 f. 


4 


“An act (H. R. No. 477), making appropriations for the cur- 
rent expenses of the State Government.” 


Vetoed April 2, 1901. 
Laws of Nebraska (1901), 570-572. 
Messages and Proclamations (1900-11), 96. 


“An act (H. R.-No. 478), making an appropriation for the 
payment of miscellaneous items of indebtedness.” 


Vetoed April 2, 1901. 
Laws of Nebraska (1901), 580-82, 
Messages and Proclamations (1900-11), 94 f. 


John H. Mickey (1903-4-1905-6), 38 vetoes and 1 item veto. 


94. “An act (S. F. No. 29), to provide for the payment of fee to 
the Commissioners of Public Lands and Buildings in certain 
cases.” 


Vetoed March 9, 1903. 
Messages and Proclamations (1900-11), 188. 
Senate Journal (1903), 485. 


95.**“An act (S. F. No. 31), authorizing the preparation of an of- 
ficial statute, making it admissible in evidence, and authoriz- 
ing the purchase thereof by the state.” 


Vetoed April 6, 1903. 
Messages and Proclamations (1900-11), 196. 
Senate Journal (1903), 886. 
Reconsidered and adopted in the Senate by a vote of 23 for 
and 9 against. 
Senate Journal (1903), 899. 
Reconsidered and adopted in the House by a vote of 67 for 
and 24 against. 
Senate Journal (1903), 917, 


86 


96. 


ie 


98. 


99. 


100. 


101. 


The Exercise of the Veto Power in Nebraska 
/ 


“An act (S. F. No. 38), to define conditions of child dependency, 
neglect, cruelty, ill-treatment, and to prescribe methods for the 
protection, disposition and supervision of dependent, delin- 
quent, neglected, cruelly or ill-treated children and to provide 
punishment for violation of this act.” 


Vetoed April 13, 1908. . 
Manuscript Laws (1903), 1443. 
Messages and Proclamations (1903), 202. 


“An act (S. F. No. 87), to amend section 538la and 531c of 
the Code of Civil Procedure, relating to exemptions, and to 
repeal said sections as heretofore existing.” 


Vetoed April 13, 1903. 
Manuscript Laws (1903), 1435. 
Messages and Proclamations (1903), ° 201. 


“A pill (S. F. No. 114), for a joint resolution recommending to 
the electors of the state to vote at the next election of mem- 
bers for the Legislature, for or against a convention to revise, 
amend or change the Constitution of the State of Nebraska 
in accordance with section 2, article 15, of the Constitution.” 


Vetoed April 7, 1903. 
Messages and Proclamations (1900-11), 199. 
Senate Journal (1903), 926. 


“An act (H. R, No. 37), to amend sections 4 and 7 of chapter 84 
of the Compiled Statutes of Nebraska for the year of 19v1, 
entitled ‘State Cemetery’ and to repeal said original section.” 


Vetoed April 6, 1903. 
House Journal (1903), 1044. 
Messages and Proclamations (1900-11), 197. 


“An act (H. R. No, 46), to amend section 3 of subdivision 2, 
of chapter 79, of the Compiled Statutes of Nebraska for 1901, 
and to repeal said original section as existing.”’ 


Vetoed March 25, 1903. 
House Journal (1903). 
Messages and Proclamations (1900-11), 193 f. 


“An act (H. R. No. 93), creating city road district, for inspect- 
ing roads leading into cities and defining their powers, goy- 
ernments and duties.” é 


Vetoed April 10, 1903. 
Manuscript Laws (19038), 1430. 
Messages and Proclamations (1900-11), 200, 


102. 


103. 


104. 


105. 


106. 


The Exercise of the Veto Power in Nebraska 87 


“An act (H. R. No. 104), to provide a department in one 
of the hospitals for the insane for the detention and treat- 
ment of dipsomaniacs, inebriates, and those addicted to the 
excessive use of liquors and other narcotics.” 


Vetoed April 10, 1908. 
Manuscript Laws, (1903), 1423. 
Messages and Proclamations (1900-11), 200. 


“An act (H. R. No. -323), for the relief of Russel F. Loomis of 
Red Willow county, Nebraska.” 


Vetoed April 1, 1903. 
House Journal (1903). 
Messages and Proclamations (1900-11), 195. 


“An act (H. R. No. 450-52), to authorize the appointment of a 

commission by the Governor of Nebraska, to act with a like 

commission from Missouri, for the purpose of establishing the 
boundary line between the said states of Nebraska and 
Missouri.” 


Vetoed April 13, 1903. a 
Manuscript Laws (1903), 1439. 
Messages and Proclamations (1900-11), 201. 


“An act (S. F. No. 8), to amend section, 9223, chapter 41 of 
Cobbey’s Annotated Statutes of Nebraska for the year of 1903.” 


Vetoed March 5, 1905. 
Messages and Proclamations (1900-11), 260. 
Senate Journal (1905), 711. 


“An act (S. F. No, 122), to authorize the legislature to declare 
a constitutional amendment adopted where the majority of 
the votes cast thereon were in favor of the amendment.” 


Vetoed April 4, 1905. 
Manuscript Laws (1905), 1978. 
Messages and Proclamations (1900-11), 274. 


“An act (S. F. No. 163), to provide for the care of neglected, 
dependent and delinquent children, and to provide a penalty 
for the violation of the same.” 


Vetoed April 4, 1905. 
Manuscript Laws (1905), 1974. 
Messages and Proclamations (1900-11), 275. 


88 


108. 


109. 


110. 


111. 


112. 


113. 


The Exercise of the Veto Power in Nebraska 


“An act (S. F. No. 187), to amend section 9807 of Cobbey’s 
Annotated Statutes of Nebraska for 1903, and to repeal said 
section.” . - 


Vetoed April 5, 1905. 
Manuscript Laws (1905), 2000. 
Messages and Proclamations (1900-11), 276. 


“An act (S. F. No. 213), authorizing the county courts to enter 
a decree dispensing with the administration of certain estates 
against which there are no debts and to fix and establish heirs 
at law of decedents and providing for the procedure in such 
cases.” ; 


Vetoed April 4, 1905. 
Manuscript Laws (1905), 1984. 
Messages and Proclamations (1900-11), 272. 


“An act (S. F. No, 220), to amend the revenue law so as to re- 
strict the state board in its levy of taxes for state purposes to 
a rate sufficient to meet the appropriations of the state legis- 
lature.” 


Vetoed April 4, 1905. 
Manuscript Laws (1905), 1990. 
Messages and Proclamations (1900-11), 274. 


“An act (S. F. No. 238), to provide for the bringing of action. 
for trespass upon real estate by executors and administrators 
and for the disposition and distribution of the amounts so re- 
covered in such actions.” 


Vetoed April 4, 1905. 
Manuscript Laws (1905), 1993. 
Messages and Proclamations (1900-11), 273. 


“An act (H. R. No. 49), to provide for the erection of a hard 
fibre binding twine plant at the Nebraska State Penitentiary 
and to make appropriations therefor.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1896. 
Messages and Proclamations (1900-11), 271. 


“An act (H. R. No. 134), to amend section 106, article 1, chap- 
ter 77, of the Compiled Statutes.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1965. 
Messages and Proclamations (1900-11), 270. 


114. 


115. 


116. 


117. 


118. 


119. 


The Exercise of the Veto Power in Nebraska 89 


“An act (H. R. No. 141), to amend section 2, of article 11, of 
chapter 18, of the Compiled Statutes of Nebraska of 1901, and 
to repeal said section as now existing.” 


Vetoed April 4, 1905. 
Manuscript Laws (1905), 1971. 
Messages and Proclamations (1900-11), 275. 


“An act (H. R. No. 165), to make the practice of Christian 
Science healing unlawful and punish the practitioners unless 
they educate themselves in materia medica, etc.” 


Vetoed March 29, 1905. 
House Journal (1905), 1103. 
Messages and Proclamations (1900-11), 263-65. 


“An act (H. R. No. 260), to amend section 10427 of Cobbey’s 
Annotated Statutes of 1903.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1945. 
Messages and Proclamations (1900-11), 268. 


*“An- act (H. R. No. 269); to amend section 9118 of Cobbey’s 
Annotated Statutes of 1903.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1955. 
Messages and Proclamations (1900-11), 269. 


“An act (H. R. No. 270), to amend section 9870, of Cobbey’s 
Annotated Statutes of Nebraska for the year 1903, and to 
repeal said original section and to provide for the sale of 
state land.” 


Vetoed April’ 5, 1905. 
Manuscript Laws (1905), 2007. 
Messages and Proclamations (1900-11), 276. 


“An act (H. R. No. 280), to amend sections 5 and 42 of chapter 
28 of the Compiled Statutes of Nebraska for the year 1903, and 
repeal said section.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1915. 
Messages and Proclamations (1900-11), 267. 


gO 


120. 


121. 


122. 


*23. 


124. 


125. 


a 


The Exercise of the Veto Power in Nebraska 


“An act (H. R. No. 281), to amend the existing statute — 
the compensation of sheriffs.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1911. 
Messages and Proclamations (1900-11), 269. 


“An act (H. R. No. 304), to empower Ruth Oberg to maintain 
an action in the district court of Douglas county, Nebraska, 
against school district number 23 of said county.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1961. - 
Messages and Proclamations (1900-11), 268. 


“An act (H. R. No. 305), to provide for state ownership, con- 
trol, construction and repair of certain bridges of five hun- 
dred feet or more in length within the state and located on or 
as part of public roads.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1887. 
Messages and Proclamations (1900-11), 265. 


“An act (H. R. No. 310), defining the purpose and providing 
for the government and maintenance of the School for Deaf 
and the School for Blind and to repeal an act entitled ‘an act 
defining the purpose and providing the government and main- 
tenance of the Institute for Deaf and Dumb, and for the Insti- 
tute for Blind’.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1925. 
Messages and Proclamations (1900-11), 267. 


“An act (H. R. No, 321), to amend section 9069 of Cobbey’s 
Annotated Statutes of Nebraska for the year 1903, and to re- 
peal said original Becton. 


Vetoed April 4, 1905. 
Manuscript Laws (1905), 1996. 
Messages and Proclamations (1900-11), 273. 


An act (H. R. No. 328), for the relief of Russel F. Loomis. 


Vetoed April 5, 1905. 
Manuscript Laws (1905), 2013. 
Messages and Proclamations (1900-11), 276. 


- 


126. 


127. 


128. 


129. 


130. 


The Exercise of the Veto Power in Nebraska QI 


“An act (H. R. No. 333), to define the rights of creditors of 
decedents and to prescribe a manner for applying for an order 
of descent.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1902. 
Messages and Proclamations (1900-11), 266. 


“An act (H. R. No. 345), to consolidate the .office of city 
treasurer of Omaha with the office of county treasurer of 
Douglas county.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1892. 
Messages and Proclamations (1900-11), 266. 


“An act (H. R. No. 348), creating and making the county as- 
sessors in any county including within its boundaries a city 
of the metropolitan class, tax commissioner ex officio of such 
city, etc.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1951. 
Messages and Proclamations (1900-11), 268. 


“An act (H. R. No. 349), to provide for the making of test bor- 
ings or explorations for the discovery of oil, coal, gas or ar- 
tesian water, and other minerals in the State of Nebraska, and 
to appropriate money to aid in such borings or explorations.” 


Vetoed April 4, 1905. 
Manuscript Laws (1905), 1968. 
Messages and Proclamations (1900-11), 275. 


“An act (H. R. No. 398), to authorize the officers of the state 
to return to the counties entitled thereto the amount in excess 
paid into the state treasury for taxes.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1908. 
Messages and Proclamations (1900-11), 269. 


“An act (H. R. No. 407), to amend sections 15 and 19 of chap- 
ter 7, entitled ‘Attorneys’, Compiled Statutes of Nebraska, for 
the year 1903, and to repeal said original sections.” 


Vetoed April 3, 1905. 
Manuscript Laws (1905), 1905. 
Messages and Proclamations (1900-11), 271, 


Q2 


132. 


133. 


134. 


135. 


136. 


a. 


The Exercise of the Veto Power in Nebraska 


ITEM VETO. 
An act (H. R. No. 381), making appropriations for the payment- 


of miscellaneous items of indebtedness, owing by the State of 
Nebraska.” 


Vetoed April 3, 1905. 
Messages and Proclamations (1900-11), 270. 


George L. Sheldon (1907-8), 15 vetoes and 2 item vetoes. 


“An act (S. F. No. 145), to amend the law regarding Fire In- 
surance Companies.” 


Vetoed April 8, 1907. 
Manuscript Laws (1907), 1805. 
Messages and Proclamations (1900-11), 353. 


“An act (S. F. No. 266), to amend the invalid act of 1903. 


Vetoed April 10, 1907. - 
Manuscript Laws (1907), 1310. 
Messages and Proclamations (1900-11), 355. 


“An act (S. F. No. 281), to amend section 20, article 3, chap- 
ter 18, of the Compiled Statutes for the year 1905.” 


Vetoed April 8, 1907. 
Manuscript Laws (1907), 1320. 
Messages and Proclamations (1900-11), 353. 


“An act (S. F. No. 324), to amend sections 11172, 11175, 11176 
of sub-division 13 of chapter 51 of Cobbey’s Annotated Statutes 
of Nebraska for 1903, and to repeal said original section.” 


Vetoed April 8, 1907. 
Manuscript Laws (1907), 1325. 
Messages and Proclamations (1900-11), 352. 


“An act (H. R. No. 25), to amend section 5382 of the Compiled 
Statutes of Nebraska for the year 1905; to add penalty clause, 
and to repeal said original section as now existing.” 


Vetoed April 8, 1907. 
- Manuscript Laws (1907), 1261. 
-Messages and Proclamations (1900-11), 354. — 


An act (H. R. No. 112), to appropriate $85,000 to erect two 
wings to the Kearney Normal School. 


Vetoed April 10, 1907. 


Manuscript Laws (1907), 1264. 
Messages and Proclamations (1900-11), 358. 


138. 


139. 


140. 


141. 


142. 


148. 


The Exercise of the Veto Power in Nebraska 93 


“An act (H, R. No. 188), to amend sections 69-1, chapter 43, 
Compiled Statutes of Nebraska for the year 1903, and to re- 
peal said section as same now exists.” 


Vetoed April 6, 1907, 
Manuscript Laws (1907), 1266. 
Messages and Proclamations (1900-11), 352. 


An act (H. R. No. 190), to authorize the construction and fur- 
nishing of a brick and stone gymnasium, library, dormitory 
and school building for Deaf and Dumb at Omaha, Nebraska. 


Vetoed April 10, 1907. 
Manuscript Laws (1907), 1271. 
Messages and Proclamations (1900-11), 358. 


An act (H. R. No. 204), to provide for review upon error in the 
district court of judgments rendered by any inferior tribunal. 


' Vetoed April 9, 1907. 
Manuscript Laws (1907), 1276. 
Messages and Proclamations (1900-11), 354. 


An act (H. R. No. 209), to amend section 122 of the Omaha 
charter. 


Vetoed March 30, 1907. 
House Journal (1907), 1231. 
Messages and Proclamations (1900-11), 350. 


An act (H. R. No. 226), to prohibit the use of tobacco in any 
form by minors in public places and to provide a penalty for 
the violation thereof. 


Vetoed April 6, 1907. 
Manuscript Laws (1907), 1279. 
Messages and Proclamations (1900-11), 351. 


“An act (H. R. No. 355), to amend sections 2, 3, 4, 6,, 13, 27, 
32, and 42, chapter 8, of the Compiled Statutes of 1905, entitled 
‘Banks,’ and to repeal said section as now existing.” 


Vetoed April 10, 1907. 
Manuscript Laws (1907), 1281. 
Messages and Proclamations (1900-11), 356. 


94 


144. 


145. 


146. 


The Exercise of the Veto Power in Nebraska 


“An act (H. R. No. 381), to authorize the construction of an- 
other fire-proof building at the Nebraska Institute for Feeble 
Minded Youths, located near Beatrice, Nebraska.” 


Vetoed April 10, 1907. 
Manuscript Laws (1907), 1298. 
Messages and Proclamations (1900-11), 357. 


“An act (H. R. No. 478), to provide for participation by the 
State of Nebraska at the Alaska-Yukon-Pacific Exposition to be 
held in the city of Seattle, State of Washington.” — 


Vetoed April 10, 1907. 
Manuscript Laws (1907), 1296. 
Messages and Proclamations (1900-11). 


“An act (H. R. No. 491), appropriating the sum of $25,000 for 
an additional building at the Soldiers Home at Grand Island, 
Nebraska.” 


Vetoed April 10, 1907. 
Manuscript Laws (1907), 1302. 
Messages and Proclamations (1900-11), 357. 


ITEM VETOES. 


“An act (H. R. No. 460), to make appropriation for the current 
expenses of the state government for the year ending March 
31, 1908, and March 31, 1909 and miscellaneous items.” 


Vetoed April 10, 1907. 
Laws of Nebraska (1907), 562. 
Messages and Proclamations (1900-11), 355. 


“An act (H. R. No. 534), making an appropriation for the pay- 
ment of miscellaneous items of indebtedness, owing by the 
State of Nebraska.” 


Vetoed April 10, 1907. sear 
Laws of Nebraska (1907), 579. 
Messages and Proclamations (1900-11), 355. 


+e 


147. 


148. 


The Exercise of the Veto Power in Nebraska 95 


Ashton C. Shallenberger (1909-10), 3 vetoes and 1 item veto. 


“An act (S. F. No, 174), to amend section 6835 of Cobbey’s An- 
notated Statutes of Nebraska for 1907.” 


Vetoed April 3, 1909. 
Manuscript Laws (1909), 1338. 
Messages and Proclamations (1900-11), 498 . 


“An act (S. F. No. 335), to provide for the indeterminate sen- 
tence of persons convicted of certain felonies, etc.” 


Vetoed April 3, 1909. 
Manuscript Laws (1909), 1347. 
Messages and Proclamations (1900-11), 497 f. 


149. *“An act (H. R. No. 60), to amend section 250 of chapter 50 of 


150. 


the Compiled Statutes of Nebraska, for the year of 1907, and 
to repeal said original section.” 


Vetoed March 20, 1909. 

House Journal (1909), 720. 

Messages and Proclamations (1900-11), 487. 
Reconsidered and rejected in the House by a vote of none for, 
' 62 against, and 38 absent. 

House Journal (1909) 


ITEM VETO. 


“An act (H. R. No. 463), making appropriations for the current 
expenses of the State Government for the years ending March 
30, 1910, and March 31, 1911, and miscellaneous items.” 


Vetoed April 7, 1909. 
Laws of Nebraska (1909), 734. 
Messages and Proclamations (1900-11), 499. 


Chester H. Aldrich (1911-12), 16 vetoes and 1 item veto. 


An act (S. F. No. 36), to prevent playing of baseball Sunday 
afternoons. 


Vetoed April 1, 1911. 

House Journal (1911), 788 f. 
Manuscript Laws (1911), 551. 
Messages and Proclamations (1911 £.), 84. 


96 


Lor: 


152. 


153. 


The Exercise of the Veto Power in Nebraska’ 


An act (S. F. No. 91), to authorize the Secretary of State to 
name the newspapers wherein constitutional amendments 
should be published. 


f 


Vetoed April 10, 1911. 
Manuscript Laws (1911), 664. 
Messages and Proclamations (1911 f.), 100. 


“An act (S. F. No. 167), to amend section 8417 of Cobbey’s 
Annotated Statutes of Nebraska for the year 1909, and to 
repeal said original section as now existing.” 


Vetoed April 1, 1911. 

Senate Journal (1911). 

Manuscript Laws (1911), 547. 

Messages and Proclamations 1911 f.), 82. 


An act (S. F. No. 316), providing for the commission form of 
government under certain restrictions. 

Vetoed April 10, 1911. 

Manuscript Laws (1911), 678. 

Messages and Proclamations (1911 f.), 101. 


154.**An act (S. F. No. 324), to provide for the election of a non- 


155. 


156. 


partisan judiciary. 


Vetoed April 5, 1911. 
Senate Journal (1911), 801 f. 
Messages and Proclamations (1911 f.), 87-93. 
Reconsidered and adopted in the Senate by a vote of 20 for 
and 12 against. 
Senate Journal (1911), 804. 
Reconsidered and rejected in the House by a vote of 50 for 
and 45 against. 
House Journal (1911), 833. 


An act (H. R. No. 17), to increase the salary of deputies in 
county attorney’s office of Douglas county. 


Vetoed March 25, 1911. 

House Journal (1911), 681. 

Manuscript Laws (1911), 545. 

Messages and Proclamations (1911 f.), 81. 


An act (H. R. No. 24), to extend the terms of office for cer- 
tain county officials. 

Vetoed April 10, 1911. 

Manuscript Laws (1911), 672. 

Messages and Proclamations (1911 f.), 101. 


The Exercise of the Veto Power in Nebraska 97 


157. *An act (H. R. No. 61), to amend the charter for the city of 


158. 


159. 


160. 


161. 


162. 


163. 


Omaha. 


Vetoed April 7, 1911. 
House Journal (1911), 856 f. 
Messages and Proclamations (1911 f.), 93-7. 
Reconsidered and rejected in the House by a vote of 49 for, 
40 against and 13 not voting. 
House Journal (1911), 859. 


An act (H. R. No. 72), to change the taxation on personal 
property. 


Vetoed April 7, 1911. 
House Journal (1911), 873. 
Messages and Proclamations (1911 f.), 97. 


4 Z 
An act (H. R. No. 82), regulating stock yards by declaring them 
public markets and placing them under the State Railway 
Commission. 


Vetoed March 23, 1911. 

House Journal (1911), 632. 

Manuscript Laws (1911), 538. 

Messages and Proclamations (1911 f.), 79-81. 


“An act (H. R. No. 101), for regulation of real estate brokers 
and agents, providing state licenses therefor and for penalty 
for the violations of the provisions of said measure.” 


Vetoed April 11, 1911. 
Manuscript Laws (1911), 730. 
Messages and Proclamations (1911 f.), 103. 


An act (H. R. No. 394), to exempt from taxation certain town- 
ships. 


a 


Vetoed April 10, 1911. ; 
Manuscript Laws (1911), 668. 
Messages and Proclamations (1911 f.), 98. 


An act (H. R. No. 537), to authorize the merging of the ten. 
phone companies, 


Vetoed April 11, 1911. 
Manuscript Laws (1911), 742. « 
Messages and Proclamations (1911 f.), 106. 


“An act (H. R. No. 573), to establish a system of book-keeping 
to be inaugurated in all of the state institutions and boards 
to be audited by the auditor of public accounts.” 


98 The Exercise of the Veto Power in Nebraska 
Vetoed April, 1911. 
Manuscript Laws (1911). 
Messages and Proclamations (1911 f.), 99. 


164. An act (H. R. No. 574), to give the auditor of public accounts 
supervision of the board of supervisors. 


Vetoed April 11, 1911. 
Manuscript Laws (1911), 712. 
Messages and Proclamations (1911 f.), 104. 


165. An act (H. R. No. 575), to create a board of supervisors of the 
maintenance funds. 


Vetoed April 11, 1911. 
Manuscript Laws (1911), 720. 
Messages and Proclamations (1911 f.), 105. 


ITEM VETO. 


“An act (H. R. No. 643), to appropriate for the payment of mis- 
cellaneous items of indebtedness owing by the State of Ne- 
braska.” i 


Vetoed April 10, 1911. 
Laws of Nebraska (1911), 662. 


John H. Morehead (1913-14, 1915-16), 12 vetoes and 2 item 
vetoes. 


166. *An act (S. F. No. 14), to increase the salaries of certain state 
officials. 


Vetoed April 17, 1913. 
Messages and Proclamations (1911 f.), 239 f, 
Senate Journal (1913). 


Reconsidered, amended and approved by the Aneerrne April 21, 
1913. 


Messages and Proclamations (1911 f.), 240. 


iThis bill was amended so as to meet the approval of the 
Governor and therefore signed by him later. 


The Exercise of the Veto Power in Nebraska 99 


167.**An act (S. F. No. 132), to prevent the procreation of certain 


168. 

169. 

170. 
~ Ps 


4 171. 


classes of criminals and feeble-minded and other defectives. 


Vetoed April 4, 1913. 
Manuscript Laws (1913), 985. 
senate Journal (1913), 936. 
Messages and Proclamations (1911 f.), 238. 
Reconsidered and adopted in the Senate by a vote of 24 for 
and 7 against, 
Senate Journal (1913), 949. 
World-Herald, April 15, 1913. 
The House refused to pass the bill over the Governor’s objec- 
tions. 
- Senate Journal (1913), 956. 


“An act (S. F. 4380), to amend section 675, of the Csde 
of Civil Procedure and to repeal said section as the same now 
exists.” 


Vetoed April 21, 1913. 
Manuscript Laws (1913), 994. 
Senate Journal (1913), 1089. 


“An act (H, R. No. 59), to establish a classified civil service 
for the state institutions of Nebraska.” 


Vetoed April 16, 1913. 

House Journal (1913), 1445. 

Manuscript Laws (1913), 1013. 

Messages and Proclamations (1911 f.), 241. 


“An act (H. R. No. 138), to amend section 2293 of the Revised 
Statutes of Nebraska.” 


Vetoed April 16, 1913. 
House Journal (1913), 1463. 
Manuscript Laws (1913), 998. 


“An act (H. R. No. 229), making an appropriation to pay the 
cost of surveying and marking the Overland Immigration trail 
in the State of Nebraska.” 


~ 


Vetoed April 16, 1913, 
House Journal (19138), 1444. 
Manuscript Laws (1913), 1005. 


1This bill was amended so as to meet the approval of the Governor 
and therefore signed by him later. 


100 


The Exercise of the Veto Power in Nebraska 


172. “An act (H. R. No. 308), to appropriate $50,000.00 or so much 
thereof as may be necessary for the erection and equipment of 
a detached building to be used as a tubercular at the state 
asylum at Hastings, Nebraska.” 


Vetoed April 16, 1913. 

House Journal (19138), 1445. 

Manuscript Laws (1913), 1008. 

Messages and Proclamations (1911 f.), 242. 


173. “An act (H. R. No. 560), to provide for building and maintain- 
ing a fish hatchery on the south branch of the Verdigree Creek 
in Anteiope county.” 


Vetoed April 16, 1918. 
House Journal (1918), 1462. 
Manuscript Laws (1913), 1011. 


ITEM VETOES. 


“An act (H. R. No. 873), making an appropriation for the 
payment of miscellaneous items of indebtedness owing by 
the state of Nebraska.” 


Vetoed April 23, 1918. 
Laws of Nebraska (1913), 672. 
Messages and Proclamations (1911 f.), 247. 


“An act (H. R. No, 874), making appropriations for the cur 
rent expenses of the State Government.” 


Vetoed April 23, 1913. 
Laws of Nebraska (1913), 682. 
Messages and Proclamations (1911 f.), 245. 


174. *An act (S, F. No. 6), to empower the Board of Directors of 
Metropolitan water districts to devise plans to construct a light 
plant. 


Vetoed April 8, 1915. 
Senate Journal (1915), 822. 


175. “An act (H, R. No. 155), to amend section 7647 Revised Statutes 
of Nebraska for the year 1913, and to repeal said original sec- 
tion as it now exists.” 


Vetoed March 30, 1915. 
House Journal (1915), 1010. 


ay) 


The Exercise of the Veto Power in Nebraska IOI 


176. “An act (H. R. No. 429), to require Justices of the Peace to pay 
all fees in excess of a certain sum into the county treasury, 
and making it the duty of the County Board to enforce such 
payment. and provide a means therefor.” 


Vetoed April 16, 1915. 
Messages and Proclamations (1911 f.) 312. 


177. *An act (H. R, No. 652), creating a state efficiency survey com- 
mission and prescribe its powers and duties, and appropriat- 
ing for the expense of such survey the sum of $4,000.00.” 


Vetoed April 19, 1915. 
Messages and Proclamations (1911 f.), 313. 


102 The Exercise of the Veto Power in Nebraska 


BIBLIOGRAPHY 


Il. Sources. 


A. DOCUMENTS. 
Acts Vetoed by the Governor, (1869-99). Contains a valuable col- 
lection of veto messages, but no attempt has been made to num- 
ber the pages so as to make the book conveniently usable. 
Council and House Journals, (1855-1867). Nearly all lack any in- 
dex and their record is very brief, 
Laws of Nebraska, (1855-1915). Constitutes the best source of 
information as to what laws became effective and in recent 
years they contain records as to item vetoes. 
Manuscript Bills, (1855-1915). A collection by years of all the 
bills introduced into the legislature, but no attempt has been 
made to group them in any way so as to make them easily usable. 
Manuscript Laws, (1855-1915). A good collection of the laws 
passed and in recent years the addition of an index has im- 
proved them greatly. But no uniform system has been followed. 
Each administration has used its own plan without considering 
uniformity, or clearness of the record. 
Messages and Proclamations of the Governors (1866-1915). A 
five-volume set of messages and proclamations written in long 
hand when a more efficient method would be to. file a typewrit- 
ten copy of the message as sent to the two houses. This col- 
lection should be complete, but it lacks a number of messages. 
Opinions of the Attorney-General, (1901-2). Has a good grouping 
of the opinions for the biennium. Only this volume has been 
consulted for the study, but the others are like it. 
Senate and House Journals, (1867-1915). Contain some of the 
veto messages, but in general only the messages on bills re- 
turned to either house of the legislature are found in them. 
The index has ordinarily been made so carelessly that it is of 
little or no value to a student. 
Supreme Court Reports. An excellent discussion on the con- 
stitutional questions involved in the exercise of the veto power; 
the following opinions have been used: 11 Nebr., 377; 13 Nebr., 
17; 25 Nebr. 864; 31 Nebr. 268; 36 Nebr. 835; 59 Nebr. 494; 
70 Nebr, 221; 79 Nebr. 532. 


The Exercise of the Veto Power in Nebraska 103 


CB. NEBRASKA NEWSPAPERS. 


The following is a select list of newspapers which have been con- 
sulted. The list is fuller for the earlier than for the later period. For 
the former period the Nebraska Advertiser was on the whole the best. 
paper. During the later period several of the large dailies contain ex- 
cellent accounts of discussion of the exercise of the veto power both in 
the legislature and out of it. 

The year stated on the left hand of the table following, represents 
the date of the first number available, and not in all cases the date of 
first publication, 


NEBRASKA NEWSPAPERS. 


1854 Nebraska Palladium, Bellevue. 

1854 Omaha Arrow, Omaha. 

1856 Nebraska Advertiser, Brownville. 

1857 Bellevue Gazette, Bellevue. 

1857 De Soto Pilot, De Soto. 

1858 Cuming City Star, Cuming City. 

1858 The Nebraska Pioneer, Cuming City. 

1859 Dakota City Herald, Dakota City. 

1859 Nebraska Enquirer, De Soto. 

1859 People’s Press, Nebraska City. 

1860 The Omaha Nebraskian, Omaha. 

1861 The Nebraska Herald, Nemaha City. 

1867 The Nebraska Commonwealth, Lincoln; this paper has since 
changed name and is now published as 
The Nebraska State Journal. 

1872 Omaha Daily Bee, Omaha. 

1877. Fremont Daily Herald, Fremont. 

1878 The Omaha Herald, Omaha. 

1892 The Lincoln Daily Sun, Lincoln. 

1893 Daily Press, Nebraska City. 

1895. Daily Hub, Kearney. 

1895 The Norfolk Daily News, Norfolk. 

1899 Beatrice Daily Express, Beatrice. 

1901 Daily Independent, Grand Island. 


11. Secondary Authorities. 

Dealey, J. Q.—Growth of American State Constitutions. 

(Ginn and Co., Boston, 1915). The best general study of the 
state constitutions. 

Holcombe, A. N.—State Government in the United States. 
(MacMillan Co., New York, 1916). Contains a good discussion 
of the historical development of the veto power. 

Morton-Watkins, J. S. and Albert.—History of Nebraska. 
(Lincoln, Nebraska, 1905, 1907, 1913, 3 vols.) An excellent and 
quite exhaustive history of Nebraska, 


AY 


104 The Exercise of the Veto Power in Nebraska 


ADDENDUM 


In order to bring the discussion of this pamphlet up to date, 
the following data covering the legislative session of 1917 and 
the administration of Governor Keith Neville is added: 


Total number of acts passed by Legislature of 1917................ en ~ 370 
Total number bills vetoed by Governor Neville.................20....-.-....- oS 


Total item vetoes by Governor. 2227-2 ee ...None 


The bills vetoed by Governor Neville were as follows: 


House Roll 15, providing for the perpetuation of corners of land 
surveys threatened with destruction by roads or public travel. The 
Governor’s objection related merely to the form of the bill and not to 
its substance. 


House Roll 24, provided that in the Eleventh Judicial District, having 
two district judges, one of the judges should reside west of the one 
hundredth meridian. The Governor’s objection was that only one-fif- 
teenth of the population of the district lived west of the one-hundredth 
meridian and the bill would prevent the electors of the district from 
choosing men they would prefer as judges. 


Senate File 79, relating to deposit of state funds. The Governor’s 
objection was that it would interfere with the State Treasurer’s best 
judgment in the distribution of these funds under the law, and would 
require state banks already assessed for the bank guaranty fund, to 
give an additional bond. 


Governor Neville’s veto to each of these bills was sustained. 


